D. Y. Chandrachud, J. - (1.) The workman is before the Court in a challenge to an order passed by the Industrial Court on 17th August, 2001, dismissing his revision against an order of the Labour Court dated 21st November, 2000. While holding the management guilty of an unfair labour practice under Item 1 (f) of schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of unfair Labour Practices Act, 1971, the Labour Court directed the management to pay to the workman an amount of Rs. 1. 08 lakhs in lieu of reinstatement.
(2.) The petitioner was appointed in a clerical position with the first respondent on 25th July, 1963. After he had worked for nearly 23 years, he was transferred on 3rd February, 1986 to the Management Accounts Department. On 5th October, 1987, the petitioner is stated to have voluntarily requested a transfer which plea is stated to have been refused on 10th October, 1987. On 27th january, 1989, he was transferred to the Sales Department. On 28th April, 1989, the petitioner was promoted or, in any event, upgraded to Grade M5. On 31st july, 1989, the petitioner was transferred to the Accounts Department for a period of three months. On a complaint made against him, the petitioner was suspended for a period of four days, but it is common ground that the suspension was then revoked and neither was any chargesheet issued, nor was a disciplinary proceeding held. In October, 1989, the petitioner was once again transferred to the Sales Department in which he continued to work. On 21st september, 1994, the petitioner was once again promoted to Grade D, the junior Officer's grade.
(3.) On 14th July, 1995,the services of the petitioner were terminated on account of loss of confidence. Since the case before the Court involves a question as to whether the termination on grounds of a loss of confidence was valid, it would be material to extract from the letter of termination as it stands : "This refers to the discussions the undersigned had with you on 6-7-1995 wherein it was explained to you regarding your behaviour, attitude to work in general and many other matters that are happening in the office premises. Time and again several complaints have been received from number of staff members regarding your indecent and indisciplined behaviour. Not only that very often acts subversive of discipline have been brought to the notice of the undersigned and innumerable warning letters have been served on you. Every time you have assured of improving but till to date no improvement has been found in your behaviour and in your attitude. Not only that recently such incidents have happened which have indicated that you have acted against the interest of the management and that you have tried to jeopardize the management's position in the market. Such attitudes from an officer are not at all acceptable. After giving you several chances and finding no improvement we have come to the conclusion that you have no interest in your job and that you do not take your work seriously. Also please note that with the above recent incidents the management has lost confidence in you and it is not in the interest of the company to continue with our services any longer and that your services stand terminated with immediate effect. ";