MYSORE LAMP WORKS WORKMEN Vs. MANAGEMENT OF MYSORE LAMP WORKS

JUDGEMENT

(1.) This is a petition by the workmen of the Mysore Lamp Works Ltd., Bangalore, represented by the General Secretary, Mysore Lamp Works Employees' Association (hereinafter referred to as the Employees' Association). The petitioners have prayed for quashing the award of the Additional Industrial Tribunal, (hereinafter referred to as the Tribunal), in an industrial dispute between the said workmen and the management of the Mysore Lamp Works Ltd., Bangalore (hereinafter referred to as the Management). The Tribunal upheld the dismissal of M.L.Janakiram Naidu, who was the General Secretary of the Employees' Association, by the Management. The Tribunal also held that the workmen were not entitled to wages for the period commencing from 22-8-1967.

(2.) We may state certain material facts which are not in dispute. In May 1967 a printed Kannada pamphlet, styled as a letter addressed to the Chief Minister of Mysore, was issued in the name of M. L. Janakiram Naidu, purporting to be on behalf of the Employees' Association. This pamphlet contained many allegations against the Management. The material allegations (as translated by the Enquiry Officer who held the domestic enquiry), read:

(3.) After exchange of notices between the Management and Janakiram Naidu, the former issued a notice dt. 17/5/1967 to the latter charging him (M. L. Janakiram Naidu) with making in the said Kannada pamphlet, unwarranted unjustified and false statements which affected the fair name and prestige of the Company and the products manufactured by it, which act was subversive of discipline and constituted misconduct under Model Standing Order 15(3) (h), the maximum punishment for which was dismissal from service. The Management appointed Mr. B. R. Puttananjappa, Hon. Secretary, Mysore State Employers' Association, Bangalore, to conduct an enquiry into the above charge against Janakiram Naidu. Janakiram Naidu appeared in that enquiry through his Counsel and raised the following two preliminary objections: