Guajrat Ambuja Cement Pvt. Ltd. vs U.B. Gadhe on 24 October, 2005
1. When the Labour Court found that the workmen had proceeded on illegal strike and that they were leading participants in such a strike, the Labour Court ought not to have interfered with the quantum of punishment especially when it was established that the employer is a Public Utility Service and that the strike prolonged for a period of four to five months. Even in absence of any further proof of involvement of the workmen for other misconduct of unruly behaviour, abusing superiors officers, preventing officers from entering the premises, preventing coworkers from resuming duties and threatening the family members of the workmen and collecting union subscription illegally, it is doubtful whether the Labour Court could have reduced the punishment and substituted the order of dismissal by lesser punishment. As noted earlier, the Hon'ble Supreme Court had upheld the action of the employer in dismissing the employee who were found to have gone on illegal strike in the decision of Mill Manager, Model Mills Nagpur Ltd. v. Dharam Das, Etc.(Supra).