M/S Tirupati Jute Industries P.Ltd.& ... vs State Of West Bengal & Ors

2. The first three appeals relate to a charge-sheet dated 7.6.1990 issued to Kashinath, Keshab Lal Shaw and Shambu Nath alleging that on 2.6.1990, they along with some other workmen kept the General Manager of the company (S. R. Singh) under wrongful confinement, misbehaved with him and used filthy language and threatened to assault him physically if the charge-sheet cum suspension earlier issued to some workmen was not withdrawn. It was also alleged that on 6.6.1990 the said workmen again kept the General Manager (S.R. Singh) under wrongful confinement in the Spinning Department and later at the Mill office and threatened him with dire consequences if the charge-sheet cum suspension in respect of one Jayaram was not withdrawn immediately; and that they also used filthy language against him, shouted derogatory slogans and even prevented him from attending to calls of nature. An enquiry was held into those charges and the Enquiry Officer submitted a report dated 16.12.1990 holding them guilty of the charges. Thereafter by orders dated 21.12.1991, the appellant informed the said three workmen that the management had considered and accepted the 3 proceedings and findings of the Enquiry Officer, and having found that there were no extenuating circumstances, had decided to dismiss them from service for proved misconduct with effect from that date.

3. The facts in the last appeal relating to Bhupen Lal are similar. He was issued a charge-sheet dated 14.5.1991 alleging that earlier on the same day, he was sitting idle and smoking in the vice room of the spinning department, and when he was asked by the Chief Engineer to attend to his job, he failed to comply; and later, he followed the Chief Engineer to the batching line and started abusing him in filthy language and threatened him with dire consequences and also tried to physically assault the Chief Engineer but was prevented by other workmen and the said acts constituted a misconduct. After holding an inquiry, the Enquiry Officer submitted a report dated 7.7.1991 holding the fourth respondent guilty of the charge. Thereafter the General Manager by letter dated 19.7.1991 informed the workman that the management has agreed with the said findings of the Enquiry Officer and there were no extenuating circumstances in his favour and consequently he was dismissed from service with effect from that date.

4. Disputes were raised in regard to the said four dismissals and the appropriate government referred the disputes as to whether the dismissal of the workmen was justified and to what relief they were entitled, to the Industrial Tribunal. Though the appellant-employer initially appeared in the reference cases before the Industrial Tribunal, it did not subsequently contest the matters. The Industrial Tribunal, by separate awards accepted the contention of the workmen that they were not given due opportunity to contest the enquiry and therefore held that the orders of dismissal were opposed to the principles of natural justice. Consequently it directed reinstatement of the workmen with full backwages from the date of their dismissal till the date of reinstatement.

13. In the usual course, this would have necessitated referring back the matter to the Tribunal for examination of the issue relating to compliance with Standing Order 14(e). But certain subsequent events have necessitated exercise of our jurisdiction under Article 142 to do complete justice. The orders of termination in regard to the employees were passed in the years 1990 and 1991. All the four employees have reached the age of superannuation long ago. There is therefore no question of any of them being reinstated, even if the matter is referred to the Tribunal and they succeed before the Tribunal. The High Court has found that the charges are proved. Only the technical contention about approval remains. On the facts and circumstances, we are of the view that a quietus should be given to this litigation by directing the appellant to pay one-third of the back-wages (less any amounts already paid/deposited by the appellant) in full and final settlement, to the four workmen.

14. We therefore allow these appeals, set aside the awards of the Tribunal and the orders of the learned Single Judge and Division Bench of the High Court. The orders dismissing the four workmen from service passed by the employer is not disturbed. Instead, the appellant is directed to pay to the four workmen, one-third of the back-wages for the period between the respective dates of dismissal and superannuation (less any amount already paid/deposited). No costs.