Court : Mumbai
Reported in : (1995)IIILLJ748Bom
..... 1962)iillj498sc , it was held:'in other words, where the tribunal is dealing with a dispute relating to the dismissal of an industrial employee if it is satisfied that no enquiry has been held or the enquiry which has been held is not proper or fair or that the findings recorded by the enquiry officer are perverse, the whole issue is at large before the tribunal. ..... such a case the tribunal would give opportunity to the employer to lead such evidence, would give opportunity to the employee to meet that evidence and deal with the dispute between the parties in the light of the whole of the evidence ..... have, therefore, no hesitation in holding that the findings given by the enquiry officer are without any evidence and therefore, perverse'the reference was allowed with a ..... worded as under:-'the company further submits that legal, valid and proper inquiry has been held against the said employee, and, therefore this reference is misconceived and not maintainable. ..... last category of cases stated supra, it is however open to the employer to adduce additional evidence and satisfy the tribunal that the dismissal of the employee concerned is justified. ..... validity, propriety and the fairness of the inquiry held against the said employee be tried as a preliminary issue and in the event this hon'ble court comes to the conclusion that the inquiry is not fair and/or proper, the company be given further opportunity to lead evidence on merits and to justify the charges levelled against the said employee. .....
Tag this Judgment!Court : Mumbai
Reported in : [1995(70)FLR164]
..... the charge-sheet served upon the petitioner, the statement of imputation supplied to the petitioner and the reasons recorded by the disciplinary authority for not accepting the recommendation of the enquiry officer nowhere reflects that the part played by the petitioner was in any manner larger than the other three delinquents. ..... the enquiry officer submitted report dated october 31, 1983 exonerating the petitioner as well as the other three employees from the charges levelled ..... along with the petitioner, three other employees - tambe, nayak and arunraj who were working at he weight bridge, were also charge- ..... it was urged that the four employees who were working at weigh bridge were charge-sheeted and the common enquiry was ..... vachhaney was superior to these four employees and he was also charge-sheeted. ..... the four delinquents were posted along with the superior officer at the weigh bridge at the relevant time. ..... is required to be stated that the charges levelled against the petitioner and the other three employees were almost identical. ..... disciplinary authority passed order assigning reason as to why the recommendation of the enquiry officer could could not be accepted. ..... though the enquiry officer found that all the four delinquents were not guilty of the charges, the disciplinary authority has reversed that ..... disciplinary authority did not accept the finding recorded by the enquiry officer. ..... enquiry against the petitioner, tambe, nayak and arunraj was held jointly by the enquiry officer. .....
Tag this Judgment!Court : Mumbai
Reported in : (1999)IIILLJ1333Bom
..... by the final award dated 4th january 1991, the labour court, nasik, held that the findings recorded by the inquiry officer in the domestic inquiry could not be dubbed as perverse; that the workmen had failed to prove that the termination orders passed by the employer were illegal, unjust and improper and that, on ..... , in all probability, the contents of the memorandum dated 22nd june 1982 presented at the factory gate must have been made known to the inquiry officer and, therefore, the inquiry officer was bound to adjourn the inquiry until a decision was taken on the issue raised in the said memorandum. ..... when the inquiry was being held on 12th june 1982 at siddharth hotel, nasik, some of the delinquent employees had an altercation with the staff of the said hotel resulting in the management of the siddharth hotel requesting the 1st respondent and the inquiry officer to shift the venue of the inquiry. ..... the only issue raised in the memorandum dated 22nd june, 1982, though addressed to the inquiry officer and served at the factory gate, was that the workmen were unable to participate in the inquiry unless their demands for (a) transportation charges for attending the inquiry and (b) lunch ..... of the shifting of the venue was given to all the delinquent employees by notices published in the local marathi newspapers, 'gaokari' and ' ..... the said documents on 17th june 1982 at 12 noon at the gate of the factory and the delinquent employees agreed to receive the copies at that time and place. .....
Tag this Judgment!Court : Mumbai
Reported in : [1994(68)FLR1243]
..... the petitioner who is wife of the concerned employee has challenged the above order as well as the recommendation of the enquiry officer by this writ petition. 3. ..... under the peculiar facts and circumstances of this case, i direct that the employee babu laxman salvi should be presumed to have died on 6 april 1982 and his pensionary benefits and gratuity be calculated accordingly and paid to his wife within three months from today. 5. ..... there is no dispute about the fact that even today the employee concerned is not traceable and it is not known whether he is alive or dead. ..... in such circumstances, in my opinion, it was not proper on the part of the enquiry officer to recommend his removal from service and direct payment of part of pension and gratuity only. ..... the learned counsel for the corporation could not show that they have got any information about the concerned employee even today. ..... even on the date of the report of the enquiry officer, 7 years had passed. ..... long 12 years have passed without any trace of the missing employee. ..... the enquiry officer further observed that taking into consideration that the delinquent babu laxman salvi had been lost from april 1982 and his wife could not trace him and that it was not known ..... the enquiry officer in his report observed that the delinquent had put in 32 years of service; he had not at all been punished in the past. .....
Tag this Judgment!Court : Mumbai
Reported in : [1994(68)FLR231]; (1994)IILLJ142Bom
..... it was further contended that the enquiry officer has assured him that if he admitted the misconduct, he would be dealt with leniently and since this leniency was shown to the similarly circumstanced employees like dixit, khedkar and bhivankar, he admitted his guilt but instead of being dealt with leniently, a harsh punishment of dismissal was imposed. ..... if in addition to it the labour court proceeded to draw an inference that an assurance was given to the employee that he will be leniently dealt with as the same assurance was given to dixit and khedkar and they were actually leniently dealt with, indeed there is no evidence on record to substantiate this inference at all. ..... the learned labour court on consideration of this material and on the basis of the evidence of the enquiry officer who was examined on behalf of the management, came to the conclusion that the charges were duly proved. ..... there was no scope whatsoever for the labour court to have found out a defence for the employee which even the employee had not ventured to raise. ..... they claimed that no such assurance was in fact given by the enquiry officer and reiterated that the petitioner was rightly dismissed. ..... strangely enough, the employee/petitioner did not challenge the enquiry or the findings therein on merits.5. ..... on the basis of all this, the respondent bank dismissed the employee from service.4. ..... if the employee in his written statement has agreed to pay rs. .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(1)BomCR680; (2003)2BOMLR130; 2003(1)MhLj63
..... secondly he ought to have given the names of all such employees or officers who were favoured by the petitioners as against the respondent. ..... two substantial preliminary points in respect of limitation and also the maintainability of the complaint, as the respondent was not a workman within the meaning of section 2(s) of the industrial disputes act, 1947 and consequently he was not an employee under section 3(5) of the mrtu and pulp act to be competent to maintain a complaint under the mrtu and pulp act. ..... during this long period of 16 years a large number of employees have been promoted at every stage of the promotions. ..... by his order the promotions given to the employees from 1974 onwards will have to be quashed and set aside and the entire seniority list at every stage will have to be reshuffled, revised and reprepared. ..... any employee who is aggrieved by the decision of his employer that he was done injustice in respect of promotion he must immediately approach the appropriate forum so that the employer can be corrected at appropriate time or appropriate stage without disturbing others ..... clerk, assistant, assistant area manager as that of another employee shri s.l. ..... those clerks or officers who were promoted during this period will have to be admitted or reverted without hearing them. ..... 2 to 5 are officers of the corporation. .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(3)ALLMR807; [2000(87)FLR516]; (2001)ILLJ106Bom
..... terms: 'the respondent union, its members' sympathisers, colleagues and associates are restrained from obstructing the movement of men, material, machinery and transport, shouting filthy slogans, obstructing the employees, officers, staff members, outsiders from coming to the factory and going out, instigating, abusing and encouraging coercive tactics like gheraoing, threatening, within 200 metres from the periphery of the complainant ..... reference to various incidents which were alleged to have taken place, and among them, were the following:(i) on october 16, 1998, the office bearers of the recognised union entered into the office of the vice president (technical) of the company and gheraoed him and other officers in order to secure their demands on the issue of bonus; (ii) the workers had gathered at the gate and obstructed the movement ..... of men and materials to and from the factory; (hi) security personnel were assaulted, there were incidents of violence and employees were not allowed to go out of the factory on october 16, 1998; (iv) ..... stated that on march 20, 2000 the workers of the company restrained the movement of a car in which the deputy general manager and another employee were travelling, and it is alleged that those officers were pulled out of the car by the workmen. .....
Tag this Judgment!Court : Mumbai
Reported in : (2010)ILLJ167Bom; 2009(6)MhLj65
..... petition which is filed under articles 226 and 227 of the constitution of india, petitioner is challenging part-ii award passed by the labour court whereby labour court was pleased to hold that the punishment awarded by enquiry officer was not just, fair and proper and the punishment of dismissal of workman given by the petitioner herein was disproportionate to the misconduct which was alleged against the workmen and, secondly, the order of termination ..... have been proved and after having given finding that the issue of perversity was not open for consideration in view of decision of the high court, yet, labour court proceeded to analyze the findings of enquiry officer and came to the conclusion that the findings are perverse and are not sufficient to award punishment of dismissal of workers. 8. ..... she submitted that labour court has rightly directed reinstatement of the workmen and had rightly come to the conclusion that there was total non-application of mind on the part of enquiry officer as well as the petitioner in dismissing the employees from service. 9. ..... she submitted that in the first two groups, concerned workmen were those employees who were admittedly charge-sheeted for absence without leave while five employees in the third group were charge-sheeted for willful insubordination. ..... instead of doing that, labour court has clearly reappreciated the findings of enquiry officer and has come to its conclusion in part-ii award which is impugned in this petition. 12. .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(6)BomCR28; (2007)109BOMLR2029; (2008)ILLJ125Bom
..... that each one of them had joined the employment of the respondent company as a peon on different dates by oral orders, and that they were performing duties in the office of respondent regularly, and had completed continuous service of 240 days and had gained the status of permanent employees under the provisions of standing orders and were entitled to all benefits available to permanent employees working in the respondent company.respondent/employer's plea before industrial court. 3. ..... the workmen tendered their evidence, and the employer opposed the complaints by recording oral evidence of some of its officers to oppose the complaint and in rebuttal of the evidence of the complainants.5. ..... (b) there was no employer and employee relationship. ..... (c) some officers might have employed the complainants in their personal capacity, and for attending to their requirements, the complainants may be visiting the place of establishment of the respondent.4. .....
Tag this Judgment!Court : Mumbai
Reported in : (2003)IIILLJ326Bom
..... (ii) if the departmental proceedings and the criminal case are based on identical and similar set of facts and the charge in the criminal case against the delinquent employee is of a grave nature which involves complicated questions of law and fact, it would be desirable to stay the departmental proceedings till the conclusions of the criminal cases ..... kulkarni contended that in the present case, the evidence on which the inquiry officer has placed reliance is almost the same except the fact that few witnesses who were examined in the departmental proceedings were not examined at the time of trial ..... they were the only witnesses examined by the inquiry officer and the inquiry officer, relying upon their statements, came to the conclusion that the charges were established against the appellant ..... it is also seen from the report of the inquiry officer that in the departmental proceedings the management had examined the shed superintendent sachhidanand rane who was not examined in the criminal trial ..... the findings recorded by the inquiry officer, a copy of which has been placed before us, indicate that the charges framed against the appellant were sought to be proved by police officers and panch witnesses, who had raided the house of the appellant and had effected recovery ..... the report of the enquiry officer also discloses that identity of the stolen goods was properly established by the management ..... the inquiry officer came to the conclusion that the charges against the petitioners were .....
Tag this Judgment!