M.N. Chandurkar, J. - (1.) THIS is an appeal against the order of the learned single Judge before whom an order made by the Industrial Tribunal on an application for approval of the orders of dismissal made under section 33(2)(b) of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act") made by the appellants was challenged. The learned single Judge has substantially dismissed the petition.
(2.) RESPONDENTS Nos. 2 and 3 are the employees of the appellants -Company. They were charged with acts of misconduct under Standing Order 24 (k) of the Certified Standing Orders of the Company. The misconduct arose out of obstruction to a co employee one S.B. Morbale from getting into the S.T. bus parked just outside the Company's premises. The charge against the two respondents was that when Morbale was attempting to get into the bus, they along with one A.M. Soman assaulted him by giving him fist blows on his face as a result of which Morbale got contusions on his chin and started bleeding. Thus, according to the Company, all the three workers had committed misconduct of obstructing/intimidating and assaulting a co -worker within the factory premises or outside adversely affecting the discipline of the establishment. It is not necessary to refer to the merits of the charges of misconduct alleged against the two respondents, but, it is necessary to refer to the findings recorded by the Enquiry Officer which are contained in Exh. "E" to the petition. The Enquiry Officer, after considering the evidence on record, has come to the conclusion that the two respondents along with Soman obstructed Morbale from getting into the S.T. bus at about 5 -20 p.m. on 15th March 1972 and that they assaulted him by giving him fist blows on his face. He, therefore, found that the charges leveled against Soman, Satara and Gore (the latter two being the two contesting respondents) have been conclusively proved and there were no extenuating circumstances to hold otherwise. All the three were held guilty of misconduct as specified in Standing Order 24 (k) of the Certified Standing Orders of the Company as applicable to them.
(3.) ACCEPTING this report of the Enquiry Officer, the Works Manager of the Company made orders of dismissal against the two respondents. The Works Manager stated in his orders that he has carefully scrutinized the proceedings of the Court of Enquiry and the Enquiry Report of K.B. Mehta and he could not help agreeing with Mehta that they were guilty of the charges of obstructing, intimidating and assaulting the co -worker Morbale on the evening of 15th March 1972. The orders of dismissal refers to the defence of the workers that Morbale had hurt himself because he slipped while he was rushing to catch the bus. The orders stated : As you have been found guilty of the charges as communicated to you in our letter of the 21st March 1972, I hereby dismiss you from the service of the Company with immediate effect. The orders also referred to the dues payable to them which were being remitted to them by cheques which were enclosed. The workers were also informed that as an industrial dispute was pending before the Industrial Tribunal, Maharashtra, Bombay, an application for approval of the action taken against them was being submitted to the Industrial Tribunal as required by section 33 (2)(b) of the Act. Accordingly, the Company made an application on 7th October 1972 to the Industrial Tribunal for approval under section 33 (2)(b) of the Act. The application referred to the charges and the fact that serious misconduct of obstructing, intimidating and assaulting a co -worker has been proved and, therefore, the action of dismissal should be approved under section 33 (2) (b) of the Act.;