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2019 Supreme(All) 2181
IN THE HIGH COURT OF ALLAHABAD
Jahangir Jamshed Munir, J.
Kribhco Fertilizers Limited – Appellant
Versus
Oswal Chemicals and Fertilizers Ltd. and Others – Respondents
Civil Misc. Writ Petition No. 6200 of 2019
Decided On : 09-08-2019
Act Referred
INDIAN PENAL CODE : S.336, S.344, S.427, S.452, S.504, S.147, S.149, S.506
INDUSTRIAL DISPUTES ACT : S.25(t), S.25(u), S.11(a)
INDUSTRIAL EMPLOYMENT STANDING ORDERS RULES : R.25, R.25(ii)
UTTAR PRADESH INDUSTRIAL DISPUTES ACT : S.4
UTTAR PRADESH OFFICERS OF SUBORDINATE RANK PUNISHMENTS AND APPEAL RULES : R.14(1)
Headnote
U.P. Industrial Disputes Act, 1947 – Section 4 – Petitioner, Fertilizers Limited, have impugned award of Labour Court, in Adjudication Case By award aforesaid, Labour Court has held dismissal from service of eight workmen of petitioner to be unlawful and illegal, and ordered their reinstatement in services with full back-wages, eight workmen were dismissed by orders of different dates passed by petitioner in exercise of powers Oswald Chemical and Fertilizers Limited, Standing Orders. These Standing Orders have been certified by competent authority, aforesaid Standing Orders shall be hereinafter referred to as the Standing Orders. eight workmen were dismissed by petitioner without holding inquiry by invoking Special Procedure in Certain Cases, provided for under Clause 45.0.0 of the Standing Orders. workmen, who have been dismissed from service, were represented before Labor Court by the first respondent, Union through their General Secretary, J.B. Singh, who is also one of the dismissed workmen. Before this Court also, therefore, eight workmen have been imploded through the Employees' Union, called Oswal Chemicals and Fertilizers Limited –Held, It is not necessary that it should find express mention in the U.P. Industrial Disputes Act, or for that matter in any other statute to enable the petitioners to exercise that power. In the totality of circumstances, this Court is of opinion that the impugned award cannot be sustained and is liable to be quashed – Petition allowed. (Para’s 59, 60)
Facts of The Case:
Petitioner, Fertilizers Limited, have impugned award of Labour Court, in Adjudication Case By award aforesaid, Labour Court has held dismissal from service of eight workmen of petitioner to be unlawful and illegal, and ordered their reinstatement in services with full back-wages, eight workmen were dismissed by orders of different dates passed by petitioner in exercise of powers Oswald Chemical and Fertilizers Limited, Standing Orders. These Standing Orders have been certified by competent authority, aforesaid Standing Orders shall be hereinafter referred to as the Standing Orders eight workmen were dismissed by petitioner without holding inquiry by invoking Special Procedure in Certain Cases, provided for under Clause 45.0.0 of the Standing Orders. workmen, who have been dismissed from service, were represented before Labor Court by the first respondent, Union through their General Secretary, J.B. Singh, who is also one of the dismissed workmen. Before this Court also, therefore, eight workmen have been imploded through the Employees' Union, called Oswal Chemicals and Fertilizers Limited.
Finding of The Court:
It is not necessary that it should find express mention in the U.P. Industrial Disputes Act, or for that matter in any other statute to enable the petitioners to exercise that power. In the totality of circumstances, this Court is of opinion that the impugned award cannot be sustained and is liable to be quashed.
Result: Appeal Allowed.
Advocate Appeared:
For the Appellant : Bhanu Bhushan Jauhari.
For the Respondents: Ajit Kumar Singh Chauhan, Bhupendra Nath Singh.
JUDGMENT :
Jahangir Jamshed Munir, J.
1. The petitioner, Kribhco Fertilizers Limited, have impugned an award of the Labour Court, U.P. Bareilly, dated 6.9.2018 (published on 22.12.2018) in Adjudication Case No. 21 of 2017. By the award aforesaid, the Labour Court has held dismissal from service of eight workmen of the petitioner to be unlawful and illegal, and ordered their reinstatement in services with full back-wages. The eight workmen were dismissed by orders of different dates passed by the petitioner in exercise of powers under Clause 45.0.0 of the Oswal Chemical and Fertilizers Limited, Standing Orders. These Standing Orders have been certified by the competent authority, under the Industrial Employment (Standing Orders) Act, 1946. The aforesaid Standing Orders shall be hereinafter referred to as the Standing Orders. The eight workmen were dismissed by the petitioner without holding inquiry by invoking the Special Procedure in Certain Cases, provided for under Clause 45.0.0 of the Standing Orders. The workmen, who have been dismissed from service, were represented before the Labour Court by the first respondent, Union through their General Secretary, J.B. Singh, who is also one of the dismissed workmen. Before this Court also, therefore, the eight workmen have been impleaded through the Employees' Union, called Oswal Chemicals and Fertilizers Limited Karmchari Sangh.
2. It would be appropriate to depict in tabular form the particulars of workmen, who have been dismissed by orders of different dates. The dates of the relative orders of dismissal are also shown. The eight workmen of the petitioner whose interest before this Court is represented by the first respondent. Union, are hereinafter referred to as the "workmen" wherever the reference is collective; individually, they would be referred to by their names. These particulars are depicted thus:-
| S. No. | Name of the Workmen | Designation | Date of Dismissal from Service | Date of Birth |
| 1. | J.B. Singh | Assistant (Secretary of Union) | 10.06.2009 | 13.08.1970 |
| 2. | Shamsher Chand | Security Guard | 18.06.2009 | 02.05.1958 |
| 3. | Rakesh Mishra | Security Guard | 27.06.2009 | 10.03.1970 |
| 4. | Radhey Shyam | Security Guard | 26.06.2009 | 10.11.1954 |
| 5. | Jang Bahadur Yadav | Security Guard | 16.06.2009 | 02.11.1972 |
| 6. | Vijay Prakash Shukla | Security Guard | 26.06.2009 | 10.01.1958 |
| 7. | V.K. Rajpoot | Fireman | 16.06.2009 | 15.10.1972 |
| 8. | Sushil Kumar Mishra | Fireman | 27.06.2009 | 10.02.1978 |
3. The record shows that suo motu action was taken by the State Government to make a reference of an industrial dispute on 10.6.2010 in exercise of powers under Section 4 of the U.P. Industrial Disputes Act, 1947 (for short, the Act), relating to the aforesaid dismissal of the petitioner's workmen. The reference aforesaid was made to the Labour Court, Rampur, where it was registered as Adjudication Case No. 32 of 2010. The reference was made in the following terms (in Hindi vernacular):
^^D;k lsok;kstd }kjk vius Jfed Jh tax cgknqj ;kno iq= Jh jke ujs'k ;kno dks fnukad 16-6-2009] Jh chŒihŒ 'kqDdk iq= Jh czg~enr 'kqDdk dks fnukad 26-6-2009] Jh jk/ks';ke flag iq= Jh ,eŒihŒ flag dks fnukad 24-5-2009] Jh jkds'k feJk iq= Jh vkjŒdsŒ feJk dks fnukad 27-5-2009] Jh tsŒchŒ flag iq= Jh chŒdsŒ flag dks fnukad 10-6-2009] Jh 'ke'ksj flag iq= Jh nhoku pUæ dks fnukad 16-6-2009] Jh lq'khy dqekj feJk iq= Jh lwjtiky dks fnukad 27-6-2009 rFkk Jh ohŒdsŒ jktiwr iq= Jh gksrh yky jktiwr dh fnukad 16-6-2009 ls lsok;sa lekIr fd;k tkuk mfpr ,oa oS/kkfud gSaA ;fn ugha rks lEcfU/kr Jfedx.k D;k foruke@vuqrks"k ikus dk vf/kdkjh gS ,oa vU; fdu fooj.kksa lfgrA**
4. Summons were issued on 17.7.2010 to both parties. It may be emphasized here again tha
