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Showing contexts for: permanent workman in Shri Mool Chand Kharaiti Ram Hospital vs Shri Pramod Kumar Bedwal S/O Sh. ... on 27 March, 2018Matching Fragments
11. In his cross examination, MW 3 has deposed that he joined the management on 13.03.1995; that his present designation is Dy. Manager (Accounts); that the management had dismissed around 5060 workmen on 6.11.2004; Again said: they were dismissed on different dates and not only on 6.11.04; that he does not know whether approval was granted to the management in any of the above cases, in which applications u/s 33(2)
(b) of I.D. Act were filed; it is wrong to suggest that he is not giving the answer of last question deliberately, despite having knowledge of the same. Vol. It does not pertain to his department; that it is wrong to suggest that no such incident occurred on 5.11.04 as narrated by him in his affidavit; that he does not know whether any appointment was taken by Sh. Vijender Singh on 5.11.04 to meet the management; that it is wrong to suggest that allegations of violence on 5.11.04 were made by management against the workmen to dismiss the permanent workmen en masse and replace them with contract workmen; that it is wrong to suggest that contents of para no.3,4 and 5 of his affidavit are wrong; that he does not know who has abused him as mentioned in last part of para no.4 of his affidavit; that he does not know who shouted on him as mentioned in para 5 of his affidavit; that he does not know who abused as mentioned in para 3 of his affidavit from the crowed to the management; that he does not remember whether any construction activity was going on in the hospital; that there were no bamboo sticks stored in the hospital; that the conference room is on ground floor; that Mr. Pushkar, workman threatened him as mentioned in para 7 of his affidavit; that it is correct that he is marking his daily attendance in the register; that it is wrong to suggest that he was on leave w.e.f. 5.11.04 to 7.11.04; that it is wrong to suggest that on 5.11.04 there was no slogan shouting; that it is wrong to suggest that no such incidents as mentioned by him took place on 5.11.04 or that he has not seen any such incident; that it is wrong to suggest that he has filed false affidavit or that he is deposing falsely.
12. In rebuttal, respondent/workman examined himself as WW 1 in his evidence on remaining issues and deposed vide his affidavit by way of evidence Ex. WW 1/A that he has gone through the dismissal order as well as the application u/s 33 (3) (b) filed by the management; that the contents of the same are concocted, baseless, fabricated and have been made with malafide intentions to victimise him for his trade union activities; that there is not even an iota of truth in any of the allegations made against him in the dismissal order as well as the application u/s 33 (3) (b) filed by the management and the same are totally unfounded and baseless; that all workmen in Mool Chand Hospital have been getting wages as per Pay Commission Scales since last 30 years and they were presently getting wages as per IVth Pay Commission Scales; that in 1996 when the recommendations of the Vth Pay Commission were confirmed by the Govt. the Mool Chand Kharaiti Ram Hospital Karamchari Union called upon the management to implement the Vth Pay Commission Pay Scales; that the above demand was raised by the union on account of the fact that as per the earlier agreement the management was bound to make payment of the wages as per the new pay commission scales as soon as the same was announced; that the management however refused to accept the demand which was raised on the basis of the existing agreement which forced the union to raise an industrial dispute; that after raising of the demand seeking the Vth Pay Commission Pay Scales, the management has been systematically eliminating the permanent workmen employed by the hospital since I.D. No.86/98 claiming pay scales as per recommendations of the Vth Pay Commission was raised by the workmen; that the management has dismissed/ terminated/forced to resign majority of the permanent workmen on the rolls of the management hospital as on 1.1.96 who would have become entitled to the benefits/pay scales as per recommendations of the Vth Pay Commission; that there were around 688 permanent classIII and IV workmen on the rolls of the hospital at the time of their raising the industrial dispute, but presently the total strength is less than around 100 permanent workmen and the rest of the workmen have been dismissed/terminated/retrenched/issued malafide transfer orders to places where the hospital has no business or were forced to resign on account of extreme harassment; that the management has taken a policy decision to dismiss a minimum of 5 permanent workmen every month; that however, the Hon'ble High Court of Delhi vide order dated 27.7.04 directed the management to maintain status quo which prevented the management to reach this target from July, 2004 onwards; that the management has dismissed a large number of workmen on the basis of the present false and frivolous allegations accusing them being involved in the alleged incidents of 5.11.04 similar to the ones made against him to clear the back log of dismissals caused by the order of the Hon'ble High Court of Delhi dated 27.7.04 directing the management to maintain the status quo; that the malafide intention of the management is that by the time the case relating to the dispute of the workmen claiming the scales of pay as per recommendations of the Vth Pay Commission is adjudicated upon finally, no ClassIII or IV employee who is entitled to the said benefits should remain on the rolls of the management hospital; that the management personnel had made an open challenge in this regard to the workmen; that the allegation made against him of any involvement in the alleged incidents of 5.11.04 is totally fabricated and invented for the purpose of dismissing him from service; that there was no demand for a meeting on 5.11.04 as alleged; that no meeting or any incident as alleged by the management occurred on 5.11.04; that the management had been repeatedly asking him and other workmen to convert into nonDA scales and presently around 150 workmen have accepted this and are working on contract basis after the management harassed them to accept the nonDA scales; that the management had prepared a list of workmen to be victimised since they had refused to succumb to the management pressure to resign from the hospital or to accept the new pay scale against the Vth Pay Commission Scale, to which a large number of workmen had fallen prey to; that the action of the management in dismissing him from the service is malafide and has been done to scuttle the claim for the benefits under the Vth Pay Commission; that the malafide intention of the management is evident from the bare reading of the original list attached to the alleged complaint to the police and the names of the workmen dismissed on the ground of the alleged incident dated 5.11.04 ; that the original list contained the names of 35 workmen but subsequently the management dismissed more than 60 workmen from service without conducting any kind of enquiry; that as per the management his service conditions are governed by the service rules framed by the management; that he could not have been dismissed by the management without holding a domestic enquiry as per provisions of the service rules framed by the management; that to his knowledge there was no meeting or incident on 5.11.04; that on 5.11.04 he was performing his duties from 9 am to 4 pm immediately after which he went home; that the management dismissed him from service on 10.12.04 and he continued to perform his duty from 6.11.04 to 10.12.04; that false allegations are being raised against him with a malafide intention as per policy of the management to dismiss the permanent ClassIII and IV employees from service; that the authorised signatory of the management Sh. Manojit Sengupta has no authority at all to take any disciplinary action or file the present proceedings on behalf of the management; that the documents showing authority being given to Sh. Manojit Sengupta by the management is fabricated and the same has not been proved; that as per the service rules only the "Sanchalak" (Director) can take action against him that too after a proper domestic enquiry; that there is no resolution authorising Sh. Manojit Sengupta to take disciplinary action or to file the present proceedings; that the present application is bad for want of authority and the same is liable to be dismissed on this ground alone; that the disciplinary authority has not conducted any enquiry in respect of the alleged incident dated 5.11.04 and the same is evident from the record itself; that the management dismissed some of the workmen on 5.11.04 itself and some were dismissed between the period from 5.11.04 to 10.12.04; that the contention of the management that he was a member of the mob involved in alleged acts of grave misconduct on 5.11.04 is incorrect and malafide; that he was not a member of any such alleged mob; that the contents of para no.4 of the approval application are incorrect and hence denied; that if any domestic enquiry has been conducted the same would have proved that the allegations are false and fabricated and the malafide intentions of the management and also the incorrect allegations raised against him and other workmen and that is the reason why the management has not conducted any domestic enquiry in the above case; that the order of dismissal is null and void because of the failure of the management to conduct any domestic enquiry in respect of the allegations; that the atmosphere in the hospital has been totally peaceful after 5.11.04; that there was no reason why the management could not have held a domestic enquiry in the prevailing atmosphere of peace and tranquility; that many domestic enquiries have been held in the hospital immediately after the alleged incident; that the management personnel are very influential and they influenced the police and registered a false FIR against the workmen; that the contents of the complaint made by Mr. S.K. Saggar to the police on 5.11.04 is false; that the management has not made payment of one month wages as stipulated u/s 33 (3) (b) of I D Act to him alongwith the dismissal since payments have been made at the old rates and he is entitled for wages as per the Vth Pay Commission Scales as per award dated 14.01.03; that the conditions precedent before initiating action against a workman u/s 33 (3) (b) of I D act has not been complied with; that no domestic enquiry has been held in the matter; that the management has not given any reason for not holding the enquiry and no extenuating circumstances in this regard has been explained or pleaded; that there was no extenuating circumstances in the above case for not holding the domestic enquiry; that the management has dismissed more than 55 workmen alleging their participation in the alleged assault against the officers on 5.11.04 and filed applications u/s 33 (2) (b) of the I.D. Act but in all the 55 cases these applications were dismissed by this Hon'ble Court and the workmen have been reinstated in service by the management; that this Hon'ble Court has found that there is no merit or substance in any of the allegations relating to the alleged incident dated 5.11.04; that in view of the above; nothing could be held against him relating to the alleged incident dated 5.11.04; that the allegations contained in the charge sheet dated 1.6.99 are also false and fabricated; that the management has instigated the complainants in the alleged incidents to make the complaint against him to victimise him for his trade union activities; that the employees who made the complaint against him were misguided and instigated by the management by giving them inducements and they have subsequently understood the management's tactics and have apologized to him; that there is no truth or substance in the allegations contained in the charge sheet dated 1.6.99; that he denied that he did not file any reply to the show cause notice dated 18.12.2000; that a reply was given to the said show cause notice; however, he has misplaced the copy of the said reply; that the silence of the management from the issue of the show cause notice dated 18.12.2000 after conclusion of the domestic enquiry proceedings till his proposed dismissal order dated 10.12.04 i.e. for a full 4 year period, clearly indicate that the management did not consider the allegations contained in the charge sheet dated 1.6.99 serious enough to warrant any disciplinary action against him; that he is unemployed after 10.12.04; that he has been a member of Mool Chand Kharaiti Ram Hospital Karamchari Union (Regd.) and he is a workman concerned in the various industrial disputes pending before this Hon'ble Court filed by his above union; that he would have been entitled for the various benefits from the industrial disputes if the same were to be decided in favour of the workmen; that he has been engaged in works of manual and clerical nature only and he had no administrative or supervisory powers; that in view of the above the application filed by the management u/s 33 (3) (b) is liable to be rejected out rightly; that he relies upon document Ex. WW 1/1 which is order dated 09.12.04 declaring him a protected workman for the year 20042005.
18. In his cross examination, he has denied the suggestion that all the workmen as their names have been mentioned in para 4 of his affidavit have been taken back on duty by the management; he has deposed that few of the workmen have been taken back and few others have left the services after settlement with the management and certain retired from service; he has denied that no complaints have been made against the workman and that is why the same have not been brought on record; he has deposed that some of the senior managers including Sh. S.K. Saggar, Mr. Satish Kumar and Mr. Rajiv Tyagi were present in the incident, however he informed to Sh. Vibhu Talwar about the incident as he himself came to know about the incident as everybody was aware about the incident in the hospital; that he informed him about the incident only after they came back to the hospital after recording the MLC; he has denied that that no incident of assault took place on 5.11.04 and that is why no medical help was sought from Moolchand Hospital by anyone or that no meeting between management and workmen/ Union as mentioned by him in para 2 and 3 of his affidavit ever took place or that incident mentioned by him in para 2 and 3 of his affidavit did not take place; or that management wanted to dismiss the services of permanent workmen for their union activities and to replace them with cheap contract workers.
19. Vide his testimony as MW 3 Sh. Dinesh Dutta Dy. Manager (Accounts) of the management, has deposed by way of his affidavit by way of evidence Ex. MW 3/A inter alia that on 05.11.2004 he was sitting in his office; that at 3.30 P.M. Mr. Vijender Singh, General Secretary of the MCKRH Karamchari Union and Mr. Ajay, O.T. Assistant came in the Account Section to see Sh. S.K. Saggar, General Manager; that they enquired about Mr. Saggar, who was not available at that moment in his seat; that later, at about 4.10 PM, he went down to main office and heard noise from conference room, that he immediately rushed there and saw a mob of about 6070 persons surrounding the conference room and shouting "BAAHAR NIKALO SALON KO" "MAARO" etc. etc.; that in the mob he saw S/Shri A.K. Aggarwal, Pushkar, Sudarshan Prasad, Bhim Singh, Ms. Rani Cheria, Mr. Ganga Dhar, Ms. Sumathyamma CR., Mr. Narinder, Mrs Bhupinder Kaur S/Shri Brij MohanII, Sushil Kumar, Mahesh Chand, Mrs. Nirmal Chanana, Mr. Mahinder Singh Rawat alongwith others; that they were shouting and abusing management outside the conference Room; that S/Shri Vijender Singh, R.S. Dogra, Pramod Kumar Bedwal, Ajay Kumar, Mukesh Sulekh, Balbir, Raj Kumar, Durga Singh Bisht, Gian Singh, Ms. Kirti Gurnanai, Ms. Rosamma Varghese, Mrs. Thankamani P.K. Suresh, Mrs. Santra, Mrs. Ram aDevi, S/Shri Giri Lal, Naresh Kumar, Pale Ram, Bhairav Mishra, Rohtas Kumar, Mrs Alphonsa Baby Kutty, Mrs. Praveen Waghmare alongwith others were inside the conference room and had gheraod the management representatives S/Shri S.K. Saggar, Gian Chand Malhotra, Satish Kumar and Rajiv Tyagi; that at that moment, he was walking in the corridor next to the Conference Room; that while he saw this scene, they also started threatening him :"SALE BHAG JA, MAHIN TO TERE KO BHI YAHIN JAAN SE MAAR DENGE"; that then he rushed upstairs and was viewing the scene from the corridor of the 1st Floor; that suddenly shouting was increased and he heard them saying "MARO SAALON KO" JUTE SE MAARO" JAAN SE MAAAR DO SAALON KO"; that he saw that Mr. Brij MohanII rushed to the ground in front of conference room and picked a pipe from the garden and entered the conference room; that others were also searching for bamboo sticks; that they also tried to break the tree in front of the conference room; that thereafter they rushed to trust room; that on seeing the above incident he was very much frightened; that he returned to his seat and did not inform anyone about what he had seen; that later on he learnt that an FIR bearing No.865/2004 has been registered with P.S.. Lajpat Nagar, when the Inspecting Officer came to hospital and asked them to give statements; who had seen the incident; that he gave the statement to police to the above effect and then also informed the management orally about what he had seen; that he had seen Sh. Pramod Kumar Bedwal was actively taking part along with other employees and also instigating other to cause harm to the aforesaid officers of the management; that the workers were threatening when he wanted to appear in OP case that if any one appeared in court to give evidence, his hands and legs would be broken; that these facts were communicated to the Ld. Tribunal at that time in writing also. In his cross examination on behalf of the workman on remaining issues, MW 3 has denied that no such incident occurred on 5.11.04 as narrated by him in his affidavit or that allegations of violence on 5.11.04 were made by management against the workmen to dismiss the permanent workmen enmasse and replace them with contract workmen or that he was on leave w.e.f. 5.11.04 to 7.11.04 and that he was not present in the hospital at the time of incident dated 5.11.04 or that on 5.11.04 there was no slogan shouting or that no such incidents as mentioned by him took place on 5.11.04 or that he has not seen any such incident.