IMPORTANT POINT
Proven misconduct does not automatically justify termination; the punishment must be proportionate and free from victimization.

JUDGMENT :

(Sandeep V. Marne, J.) :

1) Petitioner-employer has filed this petition challenging the Award dated 13 December 2023 passed by the Presiding Officer, First Labour Court, Nashik in Reference (IDA) No. 9 of 2004. The Labour Court has answered the Reference partly in the affirmative and has directed that the members of the Respondent-Company Shri. R.R. Kanade and Shri. S.S. Pagar are entitled for reinstatement with continuity of service from 20 January 2003 without any backwages. Petitioner is accordingly directed to reinstate the said two workmen with continuity in service from 20 January 2003.

2) Petitioner is a Company engaged in manufacturing of fuel injection equipment, such as nozzles, nozzle holders, elements etc. It has registered office at Bengaluru and factories at Bengaluru, Nagnathpur, Jaipur and Nashik. Respondent is a registered union of workmen employed with the Petitioner. On 29 September 2002, an employee of the Petitioner, Mr. S.R. Chavan suffered cardiac arrest and collapsed at Petitioner’s Nashik factory. According to Petitioner, Mr. Chavan was a heart patient for a long time and had undergone a coronary bypass surgery in June 2001 and had reported for duties in August 2001 and was medically habilitated by allotting light work. Mr. Chavan was declared dead at around 10.05 a.m. after unsuccessful attempts by the doctor in Petitioner’s Medical Department to activate his heart. A huge mob of workmen in Nashik factory gathered outside the Medical Department. Mr. S.B. Deshpande, Dy. General Manager (HR), President of Respondent- Union, as well as the other union members arrived at the Medical Department. According to Petitioner, provocative and instigating speeches were delivered to the mob demanding expulsion of Mr. S.B. Deshpande. As a result of such provocative and instigating speeches, the mob prevented the dead body of the deceased employee to be taken out from the factory premises for post-mortem. Police was summoned, who was also prevented by the mob from carrying out the investigation process and the police in-charge was stopped from entering the premises. According to Petitioner, eight workmen viz. Mr. S.S. Pagar, Mr. R.R. Kanade, Mr. M.V. Rakibe, Mr. D.N. Dhatrak, Mr. N.M. Jadhav, Mr. R.T. Shinde, Mr. J.S. Ahirrao and Mr. S.K. Kale (delinquent workmen) instigated the mob not to accept the offer of the management for conduct of enquiry after taking out the dead body outside the factory premises and demanded Mr. S.B. Deshpande’s expulsion. According to Petitioner, the mob became riotous and was on the verge of violence. That local media was escorted by the delinquent workmen and the media covered the entire episode through video shooting on account of which the instigated workmen got excited and started shouting and waiving their hands. Few workmen gave bytes to the media alleging delay in settlements. To calm down the situation, Mr. Deshpande offered to have himself arrested but the delinquent workmen demanded Mr. Deshpande’s custody with instigated mob. At around 13.20 hrs, Assistant Commissioner of Police took out Mr. Deshpande from the Medical Department towards the police van and while he was being taken away, Mr. R.R. Kanade and Mr. S.S. Pagar alongwith Mr. Jadhav, Mr. Kadam and Mr. Dhatrak in addition to other delinquent workmen tried to pull Mr. Deshpande from the police van with the intention of assaulting him. According to the Petitioner, if Mr. Deshpande was not to be escorted by the police, the situation would have resulted in his mob lynching. This is how the dead body of the deceased workmen was detained by the delinquent workmen for four hours in the medical department.

3) Petitioner suspended all the delinquent workmen and initiated domestic enquiry against them. On 14 October 2002, chargesheets were issued to the delinquent workmen including Mr. R.R. Kanade and Mr. S.S. Pagar. The delinquent workmen submitted replies denying the charges. Enquiry was conducted before the Enquiry Off