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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 2408 OF 1994

Tata Memorial Hospital (Tata

Memorial Centre) .. Petitioner

versus

Shashikant Shrikrishna Sompurkar

& Anr. .. Respondents

...

Mrs.Meena H. Doshi for the petitioner.

Mr.I.A. Saiyed for the respondent no.1.

CORAM : B.H. MARLAPALLE,J

DATED : 26th August 2005.

ORAL JUDGEMENT :-

ORAL JUDGEMENT :-

ORAL JUDGEMENT :-

1. This petition impugnes the judgement and

order dated 29th April 1994 passed by the learned

Member, Industrial Tribunal at Mumbai dismissing the

application (IT) 53 of 1982 filed under section

33(2)(b) of the Industrial Disputes Act 1947 (for

short ’the I.D. Act’) in Reference (IT) 298/1981.

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The petitioner hospital is run by Tata Memorial

Centre which is a trust registered under the Bombay

Public Trusts Act. The respondent employee was

initially appointed vide the appointment order dated

10th June 1971 in the post of "Upper Division Clerk"

and by an order dated 3rd September 1980, he came to

be transferred to the library from the medicine

department as clerk cum typist. It appears that on

or about 23rd January 1981, he was issued a

charge-sheet and aggrieved by the same he had

approached the Industrial Court at Mumbai by filing a

complaint of unfair labour practice. The said

complaint came to be disposed as withdrawn as the

employer made a statement before the Industrial Court

that the charge-sheet would not be acted upon and a

fresh charge-sheet setting out the details of

misconduct would be issued. On 3rd September 1981,

he was issued a memorandum alleging that he had

refused to do the following work in the month of

August 1981 and continued to do so till that day.

1) To write book number on spines of books;

2) To type a list of duplicate journals;

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3) To issue/receive back library publications;

4) To enter (write) bound periodicals in the

register when non-else was there to do the work,

5) The get books/journals placed back with the

help of a boy when all other library staff was on

leave and there was no place for readers to sit;

6) To wait till 8 p.m. when Mr.Sawant was on

leave;

7) To help readers in finding out library

publications;

8) To write titles of written off books in

withdrawal register;

9) To type and to send letters in connection

with "bibliography on cancer";

10 To note the contents of the office circular

regarding ’coming of office in time’;

11) To direct outside readers to Librarian for

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checking their identity cards, introductory not