INDIA MARINE SERVICE PRIVATE LIMITED Vs. THEIR WORKMEN

JUDGEMENT

(1.) In this appeal by special leave against an award made by the Third Industrial Tribunal, West Bengal, two questions arise for consideration. The first is whether the dismissal of Robin Bose, Purchaser, was Justified and the other is whether the appellants employees were entitled to any wages for the period between November 13, 1958 and January 4, 1959 during which there was a lock-out.

(2.) In a sense the two questions are separate and we will first mention the facts relevant to the question regarding the dismissal of Robin Bose. Bose was a clerk, designated as Purchaser by the appellant company. On September 13, 1958 at about 10-00 a.m. R.N. Chatterjee, under whose supervision Bose was working, took from the latter's table the purchase estimate book maintained by him for the purpose of checking an item of purchase made by him on August 18, 1958. Shortly afterwards Bose went up to Chatterjee and asked for the book to be returned. Chatterjee told him that the book should be left there for some time and would be returned to him after he (Chatterjee) had finished with it. Bose, however, got annoyed. He flared up and started abusing Chatterjee in an objectionable language in the presence of the entire office staff. Though reminded by Chatterjee of the need for maintaining discipline in the office he did not pay any heed to Chatterjee. Then he told him in a loud and threatening voice:"Don't teach me office discipline. I have worked in bigger offices, you shall have to bear consequence, if you don't return the book right now." Chatterjee reminded him that he was "purchase-in-charge" and had every right to see the registers maintained by the purchase department. This only infuriated Bose further and he said "I shall see you- I know how to teach you a good lesson, "and left Chatterjees table. Shortly thereafter the Managing Director came and Chatterjee reported the matter to him about Bose. Bose was then called by the Managing Director to his Chamber and asked for an explanation for shouting and behaving in a rude manner with his superior. It would appear that Bose was not repentant and after leaving the Managing Director's room again started being nasty to Chatterjee and said in a loud voice "If you don't arrange to return the book at once I will teach you a good lesson on the road." Thereafter the Managing Director came out of the room and with difficulty succeeded in making him quiet.

(3.) In consequence of this incident a charge-sheet was issued to Bose and he was asked to give his written explanation for his rude and insolent behavour towards his superior officer R.N. Chatterjee. He was also asked to explain another matter, that is not bringing to Chatterjee's notice the fact that on August 18, 1958, he had bought copper sheets at Rs. 3-1-0 per lb. from Messrs Joydeb Nityalal Paramanick and when he was sent again to purchase the same commodity from the same firm on August 21,1958, he bought it at the rate of Rs. 3-4-0 per lb. In his reply dated September 20, 1958. Bose stated that what was set out in the charge-sheet was distortion of facts and that at the time of enquiry he would place all the facts before the enquiry officer. He however, denied the charges. To this the company replied saying that the statement was vague and that in his own interest and in the interest of justice he should give his precise explanation. To this Bose replied saying that he had nothing further to say. Then some further correspondence ensued between Bose and the company and as a result of something which Bose had said in one of his letters he was served with a second charge-sheet.