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TMI Blog1960 (3) TMI 54X X X X Extracts X X X X X X X X Extracts X X X X ..... ustrial Disputes Act praying for approval of the action taken by it against the workmen. Workmen also filed applications under s. 33A of the Industrial Disputes Act complaining of the action taken against them by the company. The applications of the company under s. 33 were however ultimately held to have become infructuous and the applications under s. 33A were only considered and disposed of by the Labour Court. The applications of these 14 appellants were however dismissed. Against that order the appellants have preferred this appeal after having obtained special leave for the purpose. The common contention urged on behalf of the appellants was that the enquiry on the results of which the orders of dismissal were based was not a proper and valid enquiry inasmuch as the workmen were not allowed to be represented at the enquiry by a representative of the Jamshedpur Union to which these workmen belonged. It has been urged that fair play demands that at such an enquiry the workman concerned should have reasonable assistance for examination and cross-examination of the witnesses and for seeing that proper records are made of the proceeding It has been argued that a represe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his own case, we are unable to accept an argument that natural justice demands that in the case of enquiries into a chargesheet of misconduct against a workman he should be represented by a member of his Union. Besides it is necessary to remember that if any enquiry is not other. wise fair, the workman concerned can challenge its validity in an industrial dispute. Our conclusion therefore is that a workman against whom an enquiry is being held by the management has no right to be represented at such enquiry by a representative of his Union; though of course an employer in his discretion can and may allow his employee to avail himself of such assistance. On behalf of the appellants, Charan Singh, Parmanand and K. Ganguli, it was urged that the orders of dismissal were bad inasmuch as they were based on a finding of guilt of misconduct not mentioned in the charge-sheet. Each of these appellants it appears, was accused in the charge-sheet of four different acts of misconducts:- 1. Participating in an illegal strike; 2. Leaving your appointed place of duty; 3. Inciting other employees to strike work; 4. Threatening and intimidating other workers. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y is not a misconduct under the company s standing orders. It is quite clear that the statement in the dismissal order as regards entering the Works when not on duty was really intended to state the manner and occasion in which the misconduct of inciting other employees to strike work was committed. The unnecessary and indeed slightly erroneous mention that he had been found guilty of entering the Works when not on duty does not justify the conclusion that this fact of ,entering the works when not on duty played any part in the mind of the punishing authority in determining his punishment. A statement in the dismissal order that he has been found guilty of entering the Works when not on duty as an act of misconduct is obviously erroneous. The act of misconduct of which this appellant was found guilty was inciting other employees to strike work and that is the only misconduct which weighed with the punishing authority. The contention that the mention in the dismissal order of entering the Works when not on duty as an act of misconduct of which he had been found guilty, vitiates the order of dismissal cannot therefore be accepted. On behalf -of the app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and intimidating other workers. The Enquiry Officer s report found him guilty of the following acts:- 1. Participating in an illegal strike; 2. Leaving his place of duty without permission; 3. Inciting other employees to strike work and 4. Threatening and intimidating Mr. Charan Singh to stop work. The manager s order on these is in these words:- I have gone through the findings of the Enquiry Officer as well as the proceedings of the Inquiry. Though Mr. Gurubux Singh created a scene on the 11th June, 1958, and left the place of enquiry, still he was given a chance and the enquiry was held at a later date. Having gone through the evidence recorded against him during the enquiry, I agree with the findings of the C. P. 0. The charges being of a very serious nature, I order that he be dismissed from the services of the company with effect from the date of the charge-sheet. The formal dismissal order that was drawn up on the basis of this finding and served on him after stating that he was found guilty of the first three charges stated that he was found guilty of threatening and intimidating Mr. Chakravarty, chargeman, wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r wrongly thought that guilty of all the four acts of misconduct order the General he had been found which were against him in the charge-sheet though in fact he was found guilty only of three and the fourth charge was not proved. The four acts of misconduct alleged in the chargesheet were :- (1) Participation in an illegal strike; (2) Leaving his place of duty without permission; (3) Inciting other employees in the Paint Shop Propeller Shaft Section, Rear Axle Section and Press Section of the Auto Division to stop work; (4) Behaving in a riotous and disorderly manner and threatening and intimidating another coworker. The formal order of dismissal that was drawn up stated that he had been found guilty of the following acts of misconduct:- (1) Participating in an illegal strike; (2) Leaving his place of duty without permission; (3) Inciting other employees in the Paint Shop Propeller Shaft Section, Rear Axle Section and Press Section of the Auto Division to stop work. (4) Threatening and intimidating another employee by name Mr. T. S. N. Rao, T. No. 6610/60205/1, and stopping him from doing his work. He is therefo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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