BIRPARA TEA CO LTD Vs. FIFTH INDUSTRIAL TRIBUNAL
LAWS(CAL)-1970-4-5
HIGH COURT OF CALCUTTA
Decided on April 30,1970

BIRPARA TEA CO. LTD. Appellant
VERSUS
FIFTH INDUSTRIAL TRIBUNAL Respondents

JUDGEMENT

- (1.) The petitioner, Birpara Tea Co. Ltd. owns a tea estate called Birpara Tea Estate which is situated at Birpara, Jalpaiguri. The respondent Nos. 4 to 10 were employed as ordinary workmen of the petitioner company.
(2.) According to the petitioner, on August 11, 1964, the respondent no. 11 unlawfully and without any justifiable reason left their place of work and went to Joteswar Division of the tea estate and tried forcibly and otherwise to take the workmen engaged in plucking at the aid division of the tea estate off their work and to resort to a strike. The said respondents refused to leave the Joteswar Division to which they did not belong when they were ordered by the Manager of the tea estate to do so and, in defence of the Manager's order and in utter disregard of the standing orders, they incited and induced the workmen engaged in plucking at the said division to strike work. They further held unauthorized meetings and aided or abetted in holding such unauthorized meetings on the estate premises during working hours in breach of the standing orders and the practice and convention of the tea estate.
(3.) In view of the various acts of misconduct committed by the respondent Nos. 4 to 11 and in view of their defiant attitude in not carrying out the lawful and reasonable orders of the management, they were accused of misconduct under Clauses 13(c)(1), (8), (12) and (18) of the standing orders. Individual charge-sheets were issued to each one of the said respondents.;


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