KALYANPUR LIME AND CEMENT WORKS LTD Vs. LABOUR COURT

JUDGEMENT

(1.) This application under Articles 226 and 227 of the Constitution of India has been filed challenging an order dated November 7, 1981, passed by the Presiding Officer, Labour Court, Patna, in Reference No. 18 of 1977. By the impugned order, the Labour Court refused to accept a settlement, said to have been arrived at between the union (respondent No. 2) and the management (the petitioner) and directed that he would proceed to adjudicate on the dispute under reference on its merits. It is to be noted at the outset that the reference relates to the removal from service of an individual workman, respondent No. 3.

(2.) The facts of this case are brief and not in dispute; it is another matter that those facts are being interpreted differently by the contending parties.

(3.) Respondent No.3 (hereinafter referred to as "the concerned workman") was a workman of the petitioner-company. He was removed from employment by notice dated November 24, 1975, a copy of which has been enclosed as Annexure 2. The notice did not assign any reason for his removal from service, but simply stated that his services were being terminated with immediate effect under the provisions of the Standing Orders of the Company. On receipt of the notice the concerned workman wrote a letter to the management on November 26, 1975. A true copy of this letter is enclosed as Annexure 'A' to the counter affidavit filed on his behalf. In this letter the concerned workman asked the management the reason for his removal from service and went on to add that on account of certain incidents involving another workman, he apprehended that the action of the management was inspired by mala fides. Failing to get any reply to his aforesaid letter, the concerned workman appears to have approached the union which took up his case. The union sent a letter dated January 6, 1976, to the General Manager of the company wherein a demand was made for the reinstatement of the concerned workman. A copy of the demand letter is on the record as Annexure 3 to the writ petition. It is significant to note that the demand letter was also signed by the concerned workman, in addition to the General Secretary of the union.