A domestic enquiry must be fair and the Labour Court must apply its mind to the question whether refusing to work overtime amounted to misconduct under the Standing Orders.

The writ application impugns the award of the labour Court, Dibrugarh in Reference No. 6 of 1972 holding that the domestic enquiry was fair and the management was justified in dismissing the petitioner.

2. The petitioner served in the Lakwa Tea Estate as Cas­hier till 1969 and thereafter as Mohorer till the relevant time and, as such, had to work beyond the normal duty hours of 8 A.M. to 5 P.M. for which he submitted overtime bills on 6.9.70 for the months of May to August, 1970. The Manager having refused to accept the bills, he resubmitted those by registered post and the Manager returned those by registered post with a letter dated 18.9.70 (Annexure I) which stated :-

"I am surprised to have received your bills for overtime work. In this connection, I have to write that neither the management had asked you at any time to do any overtime work nor you had obtained any prior permission for such matter. As such, the management cannot entertain any such claim.

Hence your above referred bills are returned herewith."

3. The petitioner thereafter stopped working beyond 5 P.M. on 19.9.70 and 22.9.70 for which he was asked to explain vide management's letter dated 23.9.70 (Annexure 2), by 25.9.70, as to why disciplinary action should not be taken against him. The petitioner having explained on 26.9.70 that he stopped work beyond 5 P.M. being bound by the order in the management's letter dated 18.9.70, the Manager wrote the following letter dated 5.10.70, (Annexure 3).

"I am in receipt of your letter dated 26th September, 1970 which is not at all satisfactory. Being a women Mohorer, you are supposed to make the physical checking of the women workers every day at the worksite, to prepare their wages, to take the weighment of the leaf everyday and also to be present at the time of wages payment. You may also have to do other duties as assigned to you by the management from time to time.

The management will not like that you should over­strain or devote much more time than the usual duty hours. But it is certainly expected that you will have to complete your duties properly within the normal time as it is being done in this garden and in other gardens as a matter of practice. However, we may have not any objection if you can adjust your timings according to the duties but we are interested to see that you perform your duties efficiently without causing any dislocation in the working of the garden.

It has been observed that you are taking plea and leave the garden work at 5.00 P.M. (G.T) which is an ac of irresponsibility and your this conduct causes dislocat­ion and disturbance in the smooth working of the garden.

I would, therefore, advise you to refrain from taking such steps which is subversive of discipline and you should complete your duties assigned to you making the adjust­ment of timings as per the convenience of the situation with our knowledge.

If, you still do not come upto the expectation of the management and if you are unable to perform your normal duties properly, we will have no other alterna­tive than to take disciplinary action in the matter as per the laid down principles you are under observation.”

4. The petitioner having refused to work beyond 5 P.M. even thereafter, he was charged on 19.10.70 as under;-

"You are charged having committed the following offe­nces :-

1. (a) That you have not attended the work of leaf weighment and wages payment which were incl­uded in you normal duties which were being performed by you as practice.

(b) That you have knowingly and willfully disobeyed the reasonable instructions of the management when you were directed to attend to wages payment and leaf weighment vide this office letter No. LTE/4/70 dated 5.10.70.

(c) That you are also wilfully neglecting the work of the garden and you have not been working in the garden even after the receipt of our letter No. LTE/4/70 dated 5.10.70.

2. If the charges are proved, they will constitute gross misconduct and action will be taken against you a