Judgment :-

T.S. Thakur, J.

1. Leave granted.

2. This appeal arises out of a judgment and order dated 27th April, 2011 passed by a Division Bench of the High Court of Judicature at Madras whereby Writ Appeal No.702 of 2011 and M.P. No.1 of 2011 filed by the appellant have been dismissed and order dated 28th February, 2011 passed by a learned Single Judge of that Court in Writ Petition No.8019 of 2010 affirmed.

3. The appellant-company is engaged in the manufacture of rubber products for various industrial applications. It had, at the relevant point of time, 877 employees in its establishment. As many as 488 of these employees were working as moulders to operate the rubber moulding machines. The moulding work involved placing rubber into the moulding press which would then be pressed into rubber components and marketed for varied industrial and commercial uses.

4. In March 1999, the management of the appellant-company required the workmen engaged as moulders to place their individual bags of production on the weighing scale at the end of their work shift. That procedure was observed for about a week whereafter 13 out of 488 moulders declined to abide by the instructions issued by the management. The defaulting members of the work force were on that basis placed under suspension by the management. Aggrieved by the action taken against its members, the respondent-union raised a dispute before the Labour Officer who advised the union and its workmen to tender an apology to the management and an undertaking to the effect that they would not repeat their acts in future.

5. The appellant’s case is that despite the apology and undertaking furnished pursuant to the said advice, the defaulting workmen not only continued disobeying the instructions but succeeded in enticing three others to follow suit, thereby disrupting the work in the factory. The appellant took note of the disobedience shown by the workmen concerned and initiated disciplinary proceedings against them in April, 1999. Pending such proceedings the workmen concerned were placed under suspension on the charge of their having persistently refused to follow the instructions despite an apology and undertaking furnished by them earlier. The inquiry initiated against the workmen culminated in the dismissal of the delinquent workmen based on the charges of misconduct, persistent disobedience and insubordination proved against them. The respondent-union once again espoused the cause of the workmen and approached the Industrial Tribunal, Chennai in a reference made by the Government for adjudication of the dispute. The Tribunal came to the conclusion that although the domestic inquiry conducted by the management against the delinquent workmen was fair and proper and the charges stood proved, the punishment of dismissal imposed upon the workmen was shockingly disproportionate to the gravity of the offence. The Tribunal accordingly set aside the order of dismissal passed against the workmen and directed their reinstatement with 50% back wages.

6. Aggrieved by the award made by the Tribunal, the appellant preferred Writ Petition No.8019 of 2010 before the High Court at Madras which was heard and dismissed by a learned Single Judge of that Court by his order dated 28th February, 2011. Writ Appeal No.702 of 2011 and M.P. No.1 of 2011 filed by the management also failed and were dismissed by a Division Bench of that Court. The present appeal assails the said orders as noticed above.

7. Appearing for the appellant Mr. K.K. Venugopal, learned senior counsel, strenuously argued that the Tribunal and so also the High Court were in error in interfering with the punishment imposed upon the defaulting workmen. He urged that the conduct of the delinquent workmen was wholly unjustified having regard to the fact that they had, in the course of the proceedings before the Labour Officer, Madurai, not only apologised for their misconduct but filed an undertaking in writing to obey their superior officers in