Hindalco Industries Limited ... vs Parshuram R. Verma
2022 Latest Caselaw 11328 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH AT NAGPUR

                      WRIT PETITION NO. 3214 OF 2022
              (Hindalco Industries Limited Vs. Parshuram R. Verma)
                                      WITH
                      WRIT PETITION NO. 3215 OF 2022
               (Hindalco Industries Limited Vs. Sayyad aushad Ali)

Office Notes, Office Memoranda                         Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders

                                  Mr. H.V. Thakur, Advocate for the Petitioner
                                  Mr. R.N. Deshpande, Advocate for the Respondent



                                  CORAM:       AVINASH G. GHAROTE, J.

DATED : 9th NOVEMBER, 2022.

Mr. Thakur, learned counsel for petitioner submits that the conduct of the respondent is not being covered by any of the clauses of Schedule IV (1) and in the order of the High court in WP No. 8499 of 2018, decided on on 09/10/2019, this position has been observed in paragraph 11. It is further observed therein that the conduct of the respondent as proved cannot be said to be of a minor or technical character. On this backdrop, the matter was remanded back to the learned Industrial Court. The learned Industrial Court by the impugned judgment dated 21/03/2022, while dismissing the revision has only taken into consideration that some other workers had faced departmental enquiry under the same clause of the model standing order as named therein were awarded only punishment of four days, as against which the petitioner was terminated from service.

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Mr. Thakur, learned counsel for the petitioner to clarify what is meant by misconduct of a minor or a technical character, as contemplated under clause 1(g) Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Labour Practices Act, 1971.

2. List the matter on 15/11/2022, for further consideration.

JUDGE

MP Deshpande

Digitally signed by:MILIND P DESHPANDE Signing Date:10.11.2022 10:49