J.C.VERMA,J. - (1.) HINDUSTAN Zinc Mazdoor Union, Debari, District Udaipur through its General Secretary had taken up the case of its active members/office bearers Sarva Shri P.K. Joshi, S.L. Tak and B.K. Mishra who were removed from service and whose cause was taken up by the Union before the Labour Court. The Labour Court vide its order dated 19.3.1984 had held the enquiry to be fall' and vide its award dated 8.1.1986 had maintained the order of removal of the workmen P.K. Joshi and S.L. Tak but had interferred with the termination of services of B.K. Mishra. The punishment inflicted on B.K. Mishra was reduced from dismissal to stoppage of four annual grade increments with cumulative effect. Being aggrieved the petitioner Union has filed the present writ petition.
(2.) AS per the facts stated, a first information report was lodged in the police station by the management in regard to an incident against 7 persons i.e. P.K. Joshi, S.L. Tak, B.K. Mishra and 4 others by Shri S. Solanki, Works Manager stating therein that on 17.7.1981 while he was going to the factory for attending his duties his car was stopped by a group of persons including 7 persons, they forcibly opened the door of the car and P.K. Joshi and S.L. Tak put their hands on his body and tried to drag him out of the car by catching the collar of his shirt and used all abusive and derogatory language. There were slogans of Murdabad - -Murdabad. In the meantime number of persons had gathered and he was rescued. It is stated that these very persons had chased him upto the administrative block and had entered into his office. On the report, a copy of which is attached as Annex. 5, a first information was registered. All the three persons were chargesteeted for violating the standing Orders of the Factory by Shri S. Solanki himself who was the complainant and over all incharge of the Factory. The allegations levelled against all the three persons out of 7 persons were that they were absent from their duty after 8 A.M. and all the 7 persons were seen loitering without any work and had way laid Shri Solanki. The charge -sheets are attached as Annexs 3 and 4. It is admitted that all the three charge -sheets were identical in nature. A reply is said to have been submitted by the workmen and the charges were denied and a counter story was put up by the workmen. Number of defences were taken and it was stated by the workmen that as a matter of fact no such incident had occurred at all. It was submitted that whole of the factory workers were agitating against the unwarranted action of the management against some of their co -employees and for discussing this matter, the office bearer of the Union including concerned workers were invited by Shri Solanki in his office and during the discussion there were some heated arguments and the team of workers who had gone for discussion had to return back in agitated mood as Shri Solanki had insulted the workers. A domestic enquiry was held, number of witnesses were examined on behalf of both the sides. Shri Solanki himself was also examined alongwith Sarva Suri K.K. Sharma, K.D. Kurrey and some others. On behalf of the workers the statements of Saiva Shri P.K. Joshi, B.K. Mishra, S.L. Tak were recorded. However, the Enquiry Officer came to a finding that Sarva Shri P.K. Joshi, B.K. Mishra and S.L. Tak were guilty of leaving the place of duty for 15 minutes or half an hour and were guilty of committing misconduct with Shri Solanki and on such enquiry report all the three persons were dismissed from service. The Labour Court vide its impugned order had upheld the validity of the enquiry and has dismissed the reference holding that the misconduct stood proved.
(3.) BEING aggrieved, the present writ petition has been filed against the order/award of the Labour Court.;