Verbal and physical assault on factory executive: Dismissal of worker upheld
TIMES NEWS NETWORK
Chennai:06.10.2019
A labour union leader who used foul language to a company executive and also assaulted him during work hours does not deserve any leniency, and his dismissal from service is a fair and proportionate punishment, the Madras high court has ruled.
Justice S M Subramaniam, overturning a Puducherry labour court order to reinstate a dismissed employee, said: “This court is able to find that filthy language used by workman S Raja is intolerable and he has showed a sort of heroism by using such filthy language inside the premises against superior officials. Usage of such languages inside the work place is certainly impermissible and such an indiscipline ended with an assault against the officer, which can never be tolerated.”
Raja, an employee of Hindustan Unilever Ltd in Puducherry and general secretary of the labour union, barged into a company meeting on July 29, 2009, disrupted the proceedings, abused officials in filthy language and also grabbed an executive by his shirt collar and created an atmosphere of panic. First he was suspended from service, and then dismissed after domestic inquiry.
However, the Puducherry labour court directed his reinstatement with back wages, and imposed one increment cut alone as punishment. Challenging the award, Hindustan Unilever filed the present writ petition.
Justice Subramaniam, underlining the importance of organisational discipline, said: “Discipline, decorum, honesty and integrity are the vital characters to be maintained in industrial/public institutions, factories and trade activities, so as to take our Nation forward on a par with global standards. Compromising discipline will lead to destruction of industrial/public institutions. An indisciplined industry or organization can never see growth. Most of the industries/public institutions collapsed on account of indiscipline, maladministration or corruption.”
The labour court categorically found that the fairness of the domestic enquiry was just and proper. And yet came to a conclusion that there was no scope for recording further evidence regarding the guilt of the workman, the judge pointed out.
Ticking off the labour court, Justice Subramaniam said exercise of discretionary power under Section 11-A of the Industrial Disputes Act for the purpose of extending misplaced sympathy or leniency in respect of proved grave misconduct, can never be upheld by high courts.
Earlier, the company argued that the abused and assaulted executive also has a family and is a breadwinner and has come to the factory to earn his livelihood and not to be abused or beaten. Punishments are imposed as a penalty upon a wrong-doer and to enforce discipline, so that others can understand that the discipline is of paramount importance inside factory premises, it said. Raja’s counsel said inquiry was not conducted in a free and fair manner. An improper inquiry was conducted and based on the improper inquiry, the worker was dismissed from service, he said.
Raja, an employee of Hindustan Unilever Ltd in Puducherry barged into a company meeting in 2009, abused officials in filthy language and grabbed an executive by his shirt collar
TIMES NEWS NETWORK
Chennai:06.10.2019
A labour union leader who used foul language to a company executive and also assaulted him during work hours does not deserve any leniency, and his dismissal from service is a fair and proportionate punishment, the Madras high court has ruled.
Justice S M Subramaniam, overturning a Puducherry labour court order to reinstate a dismissed employee, said: “This court is able to find that filthy language used by workman S Raja is intolerable and he has showed a sort of heroism by using such filthy language inside the premises against superior officials. Usage of such languages inside the work place is certainly impermissible and such an indiscipline ended with an assault against the officer, which can never be tolerated.”
Raja, an employee of Hindustan Unilever Ltd in Puducherry and general secretary of the labour union, barged into a company meeting on July 29, 2009, disrupted the proceedings, abused officials in filthy language and also grabbed an executive by his shirt collar and created an atmosphere of panic. First he was suspended from service, and then dismissed after domestic inquiry.
However, the Puducherry labour court directed his reinstatement with back wages, and imposed one increment cut alone as punishment. Challenging the award, Hindustan Unilever filed the present writ petition.
Justice Subramaniam, underlining the importance of organisational discipline, said: “Discipline, decorum, honesty and integrity are the vital characters to be maintained in industrial/public institutions, factories and trade activities, so as to take our Nation forward on a par with global standards. Compromising discipline will lead to destruction of industrial/public institutions. An indisciplined industry or organization can never see growth. Most of the industries/public institutions collapsed on account of indiscipline, maladministration or corruption.”
The labour court categorically found that the fairness of the domestic enquiry was just and proper. And yet came to a conclusion that there was no scope for recording further evidence regarding the guilt of the workman, the judge pointed out.
Ticking off the labour court, Justice Subramaniam said exercise of discretionary power under Section 11-A of the Industrial Disputes Act for the purpose of extending misplaced sympathy or leniency in respect of proved grave misconduct, can never be upheld by high courts.
Earlier, the company argued that the abused and assaulted executive also has a family and is a breadwinner and has come to the factory to earn his livelihood and not to be abused or beaten. Punishments are imposed as a penalty upon a wrong-doer and to enforce discipline, so that others can understand that the discipline is of paramount importance inside factory premises, it said. Raja’s counsel said inquiry was not conducted in a free and fair manner. An improper inquiry was conducted and based on the improper inquiry, the worker was dismissed from service, he said.
Raja, an employee of Hindustan Unilever Ltd in Puducherry barged into a company meeting in 2009, abused officials in filthy language and grabbed an executive by his shirt collar
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