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IN THE HIGH COURT OF ALLAHABAD
SUBHASH VIDYARTHI, J.
Ainul Husain Siddiqui – Petitioner
Versus
Presiding Officer Labour Court, Lucknow and Another – Respondents
Writ (C) No. 1002642 of 2007
Decided On : 23-05-2024
LABOUR LAW - DISMISSAL FROM SERVICE - Article 226 of the Constitution of India, Clause 24 of Certified Standing Orders - The court discussed the validity of the dismissal of the petitioner from service based on serious misconduct during a violent protest, referencing the principles of natural justice and the adequacy of the departmental inquiry. The court upheld the Labour Court's findings that the inquiry was conducted properly, and the dismissal was justified given the severity of the misconduct, which included violence and damage to property.
Fact of the Case:
The petitioner, an operator at Tata Motors Ltd., was dismissed from service following his involvement in a violent protest on 28.03.2000, where he participated in illegal activities including arson and assaulting officials. He was suspended and subsequently charged with serious misconduct as per the company's standing orders.
Finding of the Court:
The court found that the departmental inquiry was conducted in accordance with the law, and the evidence presented supported the charges against the petitioner. The Labour Court's decision to uphold the dismissal was deemed appropriate given the nature of the misconduct.
Issues: Whether the departmental inquiry was conducted properly and whether the dismissal of the petitioner was justified.
Ratio Decidendi: The court emphasized that the burden of proof lies with the employee challenging the inquiry's validity. The inquiry must adhere to principles of natural justice, and the findings must be based on cogent evidence. The dismissal was upheld as it was not disproportionate to the misconduct.
Final Decision: The writ petition was dismissed, affirming the Labour Court's decision to uphold the dismissal of the petitioner from service.
JUDGMENT :
SUBHASH VIDYARTHI, J.
1. Heard Sri Amar Nath Tripathi, the learned counsel for the petitioner, Smt. Seema Dixit, the learned Standing Counsel and Sri Anupras Singh, the learned counsel for opposite party no. 2.
2. By means of instant petition filed under Article 226 of the Constitution of India, the petitioner has challenged the validity of an award dated 30.10.2006 passed by the Prescribed Authority, Labour Court, U.P., Lucknow in Case No. 103 of 2002 as well as an order dated 10.08.2000 passed by opposite party no. 2 dismissing the petitioner from the service of Telco, which is now known as Tata Motors Ltd.
3. Briefly stated, facts of the case are that the petitioner was appointed as an operator in the factory of opposite party no. 2 situated at Lucknow on 27.04.1995. On 28.03.2000, several employees of the Company indulged into violent process for pressing their demands and they indulged into arson and loot and held the General Manager of the Company hostage, who could be freed with the intervention of the police. The petitioner was suspended by means of an order dated 30.03.2000, pending disciplinary enquiry.
4. The Suspension order was put in abeyance by means of another order dated 07.04.2000, wherein it was stated that as the lock out of the factory has been declared by the management, the suspension has become redundant during continuance of lock out.
5. On 03.04.2000, the charge sheet was issued to the petitioner, a copy whereof has been annexed with the petition which inter alia stated that the petitioner was on duty in B-shift. After coming to the factory, the petitioner did not go to his work place and struck the work. He went to the office of the General Manager and joined the ongoing ‘Dharna’ and ‘Gherao’ of the General Manager. He actively participated in illegal and unconstitutional activities and agitated other workers against the management. He threatened the General Manager that his ‘Gherao’ will continue until the demand of increase in wages was met. Defamatory, intimidating and abusive slogans were hurled which have been reproduced in the charge-sheet and considering the indecent language whereof, the same cannot be reproduced in this judgment. The charge-sheet states that the door of General Manager’s Lobby was broken open and the petitioner alongwith some other persons forcibly entered into the room of the General Manager and demanded a meeting with him. During the meeting, the petitioner continued provoking and instigating the workers, which whipped up the passion of the workers and surcharged the already tense atmosphere. The District Magistrate and Police officials had to intervene in the matter and they warned the workmen to lift the illegal confinement of the General Manager. The Administration thereafter warned the workmen to vacate the Chassis Assembly Block Building immediately otherwise the police will be forced to take action. Sensing danger to the life of the General Manager, the police started a rescue operation at about 09:30 p.m. and when he was being taken out in police protection, the petitioner alongwith other workers turned violent and indulged in arson and looting and they assaulted the officials of the district administration, police and of the company with iron rods, broken flower pots, pieces of broken furniture and broken glass panes. The Additional District Magistrate, Trans Gomti, Superintendent of Police, Trans Gomti, Circle Officer Trans Gomti, Station House Officer, Chinhat, some other police personnel and the company’s officials Mr. Vinay Kumar Pathak, Mr. Sivdasan and Mr. S. Banerjee were severely injured. Thereafter the petitioner put the expensive property of the Company to fire, in which the Chassis Assembly Block Office building and Planning Department Office of the Company were engulfed. The petitioner indulged in damaging the company’s vehicles parked near time office by bricks and missiles. Due to the aforesaid activities, the company suffered losses of Crores of
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