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6. As far as the shifts are concerned, learned Counsel submitted that, though the shift is adjusted between all the three operators, only the respondent is charge sheeted and enquiry was held, as such, the Labour Court has found that the charges are not proved and accordingly, has set aside the order of punishment.

7. Insofar as incident of 1998 is concerned, what appears from the award itself that, the respondent was issued with show cause notice, treating seven days as suspension and it is after four years i.e., in 2004, charge sheet is issued in respect of the said charge also. As far as shift is concerned, it is not in dispute that, three operators were working on telephone and all the three persons were to work on shift basis, but it has come in the cross- examination that, earlier there was no shift system and shifts were adjusted amongst the operators. This has been accepted by the Labour Court on the ground that, there is violation of shift timings, it is not only the respondent, but also two other operators, however, no action is taken against two other operators.