Advocates:
['SHRI S A SAWANT', 'M/S MULLA', 'MULLA C B C', '', 'FOR R NO', 'R NO IS FORMAL PARTY']

: 1 :

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE CIVIL JURISDICTION

WRIT PETITION NO.873 OF 2001

WRIT PETITION NO.873 OF 2001

WRIT PETITION NO.873 OF 2001

Hanumant Pandurang Indalkar )

Walhekarwadi, Near Datta Mandir )

Chinchwadgaon, Pune 411 033. ).. Petitioner

Versus

1) Tata Engineering and Locomotive )

Co. Ltd. )

Pimpri, Pune 411 018. )

2) Presiding Officer )

Second Labour Court )

Pune. ).. Respondents

Mr.Arshad Shaikh for the Petitioner.

Mr.C.U.Singh with Mr.K.S.Bapat,

Mr.H.Vakil and Mr.Mehta i/b.Mulla & Mulla & Craigie

Blunt and Caroe for Respondent No.1.

Respondent No.2 formal party.

CORAM: SMT.NISHITA MHATRE, J.

CORAM: SMT.NISHITA MHATRE, J.

CORAM: SMT.NISHITA MHATRE, J.

JUDGMENT RESERVED NO : 5TH SEPTEMBER 2005

JUDGMENT RESERVED NO : 5TH SEPTEMBER 2005

JUDGMENT RESERVED NO : 5TH SEPTEMBER 2005

JUDGMENT PRONOUNCED ON : 23RD DECEMBER 2005

JUDGMENT PRONOUNCED ON : 23RD DECEMBER 2005

JUDGMENT PRONOUNCED ON : 23RD DECEMBER 2005

JUDGMENT :

JUDGMENT :

JUDGMENT :

. This Petition is directed against the Awards of

the Labour Court in Reference (IDA) No.469 of 1991 dated

19th October 1996 and 23rd June 2000. By Award Part-I

dated 19th October 1996, the Labour Court had held that

the enquiry conducted against the Petitioner in respect

of charge-sheet dated 29th October 1988 was fair and

proper. However, the enquiry conducted in respect of

: 2 :

the charge-sheet dated 25th March 1989 was found to be

in violation of the principles of natural justice and,

therefore, vitiated. By Award Part-II dated 23rd June

2000, the Labour Court came to the conclusion that the

punishment imposed on the Petitioner was just and,

therefore, dismissed the Reference.

2. The Petitioner was in service with Tata

Engineering & Locomotive Company Limited, Respondent

No.1 herein (hereinafter referred to as "the Company")

as a Millwright Mechanic in the Auto Division of the

Company’s Pimpri Works. The Petitioner was one of the

activists of the Telco Kamgar Sanghatana, one of the two

Unions operating in the establishment of the Company.

The other Union was the Telco Employees Union. On 27th

May 1988, a transfer order was issued to the Petitioner

transferring him from Chinchwad to Pimpri. A

charge-sheet was issued to the Petitioner on 29th

October 1988, inter alia, for using abusive language

against his superiors. A second charge-sheet was issued

on 25th March 1989 for commission of acts of violence on

the factory premises on 15th March 1989. Separate

enquiries were held in respect of both the charge-sheets

by two different Enquiry Officers. By an order dated

7th March 1991, the Petitioner was dismissed from

service. The criminal proceedings which had been

instituted by the Company against the Petitioner for