Rastriya Mill Mazdoor Sangh and anr. Vs. Rajasthan Co-operative Spinning Mills Limited and anr. - Court Judgment

Excerpt:
constitution of india - article 226 and industrial disputes act, 1947--termination--validity of--both petitioners used force for redress of their grievances--fact found proved by tribunal--held, there is no case for interference with finding of tribunal.;since both these persons shivnarain and sampatsingh have used the force for redress of their grievances and resorted to beating to shri p.k. veerani and this fact has been found proved by the tribunal. thus, i do not find any case for interference with the finding of fact recorded by the tribunal.;writ dismissed - ashok kumar mathur, j.1. this writ petition is directed against the order of the tribunal dated 20-11-1985 (ex.13).2. the respondent no. 1, rajasthan co-operative spinning mills ltd., gulabpura (here in after referred to as 'the mills'), terminated the services of petitioner no. 2 on the ground that the petitioner while working in the ring department on 14-5-1983 at 7.45 a.m., gave beating to shri p.k. veervani. assistant maintenance incharge. a preliminary enquiry was conducted and the charge found proved. petitioner no. 2 submitted a representation against his termination order to respondent no. 1. sampatsingh, another representative of the union, protested against this and his services were also terminated. an industrial dispute arose and the state government made a reference to the tribunal whether the termination of shiv narain and sampatsingh is valid or not. the tribunal answered the reference in the positive and held that the termination of shivnarain and sampatsingh is valid. aggrieved against this order, the petitioner shiv narayan and this union have filed the present writ petition before this court.3. i have heard the learned counsel for the petitioner and have perused the award of the tribunal. since both these persons shivnarain and sampat singh have used the force for redress of their grievances and resorted to beating to shri r.k. veervani and this fact has been found proved by the tribunal, thus, i do not find any case for interference with the finding of fact recorded by the tribunal. more so, no error apparent on the face of the record has been pointed out by the learned counsel for the petitioner.4. thus, in the result, i do not find any merit in this writ petition and the same is dismissed.5. the parties are left to bear their own costs,