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TMI Blog1964 (11) TMI 106X X X X Extracts X X X X X X X X Extracts X X X X ..... ose to be present. The Tribunal held that the enquiry was not proper and some of the witnesses were re-examined before the Tribunal whose verdict was against the Company and hence this appeal. Eleven of these workmen belonged to what is known as the Dual Auto Mill and the twelfth was working on what is described as the Baby Mill. These workmen and several others stopped work from January 21, 1960 and they were placed under suspension on 25/27th January. Ten other workmen were also dismissed but they were taken back on the intercession of the Government of Bengal. The incident arose in the following circumstances : In the processing of rubber which is used in the manufacture of rubber goods by the Company, a number of departments have to work in sequence. The Banbury Section prepares a mixture of rubber and chemicals and it is passed on to the Dual Auto Mill which, after further processing, turns out blocks of rubber called batches . Each batch is of about 1250 lbs. There were at the material time two Dual Auto Mills and they were working in three shifts and as each auto mill required the attendance of two workmen, twelve such workmen were employed to look after the two mi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d was taking more than the required time over the mixing operations. Chandramma Chaube s case, on the other hand, was that Raghunandan Das was not allowing sufficient technical time for the mixtures and he (Chandramma Chaube) was objecting to it. It may be pointed out that the workmen were. paid extra if they turned out more than the expected quota of batches and Raghunandan Das was anxious to earn more, if possible. Be that as it may, it seems that these two workmen quarreled on January 21 and Raghunandan Das abused Chandramma Chaube and also Union No. 4145. Immediately the members of 4145 Union threatened to stop work unless Raghunandan Das was removed from the Dual Auto Mill and transferred to another Department. The officers of the Company promised an enquiry but asked the workmen to go back to work. The workmen belonging to the 4145 Union refused to do this. As a result the Dual Auto Mills either remained closed or worked much below their capacity. The workmen were again and again requested and ultimately on 25/27th January they were called to the office so that they could be served with chargesheets. They declined to accepted the charge-sheets and were there and then place ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not justified and the order now impugned was accordingly passed. The Tribunal was wrong in almost all its conclusions. It was wrong in holding that the workmen were not charged with go slow action and therefore could not be dismissed on the finding that they were guilty of go slow . Under the Standing Orders of the Company go slow is a major misconduct. Clauses (VIII) and (XVI) of Standing Order 10 deal with insubordination or disobedience or failure whether alone or in combination with others, to carry out any lawful and reasonable or proper order of a Superior (cl. VIII) and engaging or inciting others to engage in irregular or unjustified or illegal strikes; malingering or slowing down of work (cl. XVI). The charge-sheet stated as follows :- You are hereby asked to show cause why disciplinary action should not be taken against you for the following misconduct under Operators Standing orders Clauses 10(VIII) and (XVI). The two clauses of Standing Order 10, as pointed out above, deal with insubordination and inter alia with going slow. It was contended before us that the words go slow did not figure in this charge as they did in the charges against workmen in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isfied that the workmen were going slow from January 12, 1960, that the charge of go slow was incorporated in the charge-sheet read with the warning letter and that it was fully substantiated. This amounted to misconduct under Standing Order No. 10 and was not a minor offence as contended before us by their learned counsel. The minor offences deal with conduct of a very different kind. The Tribunal was also wrong in thinking that there was a denial of natural justice because the workmen were refused the assistance of a representative of their own Union. Under the Standing Orders it is clearly provided that at such enquiries only a re-presentative of a Union which is registered under the Indian Trade Union Act and recognised by the Company can assist. Technically, therefore, the demand of the workmen that they should be represented by their own Union could not be accepted. It has been ruled by this Court in Kalindi Ors. v. Tata Locomotive Engineering Co. Ltd.([1960] 3 S.C.R. 407) and Brook Bond India (P) Ltd. v. Subba Raman([1961] 11 L.L.J. 417.) that there is no right to representation as such unless the Company by its Standing Orders recognises such a right. Refus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ployees does not introduce any serious defect in the enquiry itself, and so, we have no hesitation in holding- that the result of the said enquiry cannot be successfully challenged in the present proceedings. It follows that the two main reasons for interfering with the order of dismissal do not really exist. The charge was under cls. (VIII) and (XVI) of Standing Order No. 10. It said so and its meaning was quite clear to the workmen who, according to plan, were definitely going slow from January 12, 1960 when the Dual Auto Mills passed into the control of workmen belonging to Union No. 4145. The demand of the workmen, couched as it was, could not be granted by the Enquiry Officer, because the Standing Orders did not permit representation by a member of any but a recognised Union. The additional reasons given by the Tribunal that later the demands of this Union were accepted in respect of wages can hardly justify the action of these workmen in going on an illegal strike and in declining to resume work unless what they demanded was done. There was thus justification for the order passed by the Company. It is on record that the Dual Auto Mills perform a key operation and no r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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