SEN RALEIGH INDUSTRIES OF INDIA LTD Vs. FIFTH INDUSTRIAL TRIBUNAL
LAWS(CAL)-1961-9-14
HIGH COURT OF CALCUTTA
Decided on September 19,1961

SEN RALEIGH INDUSTRIES OF INDIA LTD. Appellant
VERSUS
FIFTH INDUSTRIAL TRIBUNAL Respondents

JUDGEMENT

B.N.Banerjee, J. - (1.) By an order, dated December 20, 1956, (amended by several subsequent corrigenda), the respondent State Government had referred certain industrial disuses, concerning the engineering industry in general, to the Fifth Industrial Tribunal. The petitioner company was a party to the industrial adjudication.
(2.) During the pendency of the industrial adjudication, the respondent No. 3, who had been put on 'idle time' on account of the break-down of the machine in which he was working and who did not approach the authorities for alternative work as he was required to do, was charged with misconduct and was served with a charge-sheet; dated November 29, 1957/December 2, 1957, to the following effect: "It is evident from the record that you remained idle for six working days with effect from 8-11-57 and did not report to your Foreman for allotment of job. On 15-11-57 at about .12 p. m. you approached to Mr. A.M. Ghose, Deptt. Foreman for Canteen meal Token and in spite of his assurance that the same would be distributed in usual course, you started arguing with him and behaved most indecently. You also absued him with filthy languages which were very objectionable. You are, therefore, charged for committing wilful insubordination and indecent behaviour with your superior which are acts subversive of good behaviour and discipline of the Company and also for committing deliberate holding up of production. You are to answer the above charges by 12-12-57."
(3.) It is admitted that the charge of misconduct was in no way connected with the disputes pending before the Tribunal.;


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