WORKMEN OF CONTAINERS AND CLOSURES, LTD. Vs. FIRST LABOUR COURT
LAWS(CAL)-1961-11-18
HIGH COURT OF CALCUTTA
Decided on November 21,1961

Workmen Of Containers And Closures, Ltd. Appellant
VERSUS
FIRST LABOUR COURT Respondents

JUDGEMENT

B.N.BANERJEE, J. - (1.) ONE Jhakkar Prosad was a workman employed by the opposite party 4 company. He was charged with miconduct, specified under Rule 18(a), (g) and (q) of the standing orders of the opposite party 4 company, found guilty of the charges and discharged by way of penalty.
(2.) THE propriety of the order of discharge is the subject -matter of the rule. It is not disputed that at the beginning of the month of June 1958, the latrines, meant for the user of the workers of the opposite party 4 company, were closed down for repair to their septic tanks. The company made arrangements with the neighbouring Gouripore Company, Ltd. for user of the latrines of the latter company in a controlled manner and workers were directed to obtain token from the departmental supervisors of the opposite party 4 company before using the latrines of the other company. On 9 June 1958, Jhakkar Prosad was found about to pass out of the gate of the opposite party 4 company, with the object of going to the latrine of the other company, without first obtaining the requisite permission from his supervisor. He was called upon by the labour officer not to go out without first obtaining the permissive token. This led to an altercation, about the genesis of which there are conflicting versions.
(3.) JHAKKAR Prosad stated that he was suffering from diarrhoea and in the morning of 9 June 1958, he felt gripping pain and the necessity of going out on urgent call of nature. He asked the labour officer of the opposite party 4 company to give him a token for using the latrine, but the labour officer refused to give one to him on the pretext that other workers had already gone to the said latrines. Jhakkar Prosad, it is alleged, continued his importunities to go out, whereupon the labour officer abused him and forcibly turned him out of the gate with the help of his security staff.;


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