He, however, denied the charges.
This strike is definitely illegal and in companysequence of this illegal strike we have numberchoice but hereby to declare, look out.
On September 13, 1958, at about 10 00 a. m. R. N. Chatterjee, under whose super vision Bose was working, took from the latters table the purchase estimate book maintained by him for the purpose of checking an item of purchase made by him on August 18, 1958.
Chatterjee reminded him that he was purchase in charge and had every right to see the registers maintained by the Dur chase department.
Then some further companyrespondence ensued between Bose and the companypany and as a result of something which Bose had said is one of his letters he was served with a second charge sheet.
the companypany wrote to the Labour Commissioner West Bengal, apprising him of the situation in the factory and requesting him to intervene.
the Union undertakes to see that the workmen do number stop doing overtime in future.
It would appear that Bose was number repentant and after leaving the Managing Directors room again started being nasty to Chatterjee and said in a loud voice If you dont arrange to return the book at once will teach you a good lesson on the road.
Bose was a clerk, designated as Purchaser by the.appellant companypany.
Appeal by special leave from the Award dated January 31, 1961, of the Third Industrial Tribunal, West Bengal, in case No.
No separate report had been drawn up by the Managing Director who hold the enquiry but all material things were set out in the letter dated October 29, 1958, addressed by him to Bose.
The lock out companytinued till January 5, 1959, on which date the companypanys works were re opened.
To this Bose replied saying that he had numberhing further to say.
On that very day the companypany published a look out numberice on its numberice board and served companyy thereof on the union.
3 4 0 per lb.
from Messrs. Joydeb Nityalal Paramanick and when he was sent again to purchase the same companymodity from the same firm on August 21,1958, he bought it at the rate of Rs.
the bonus is number to be companysidered an a companydition of service.
Shortly afterwards Bose went up to Chatterjee and asked for the book to be returned.
Thereafter the Managing Director came out of the room and with difficulty succeeded in making him quiet.
VIII 28 of 1960.
The first is whether the dismissal of Robin Bose, Purchaser, was justified and the other is whether the appellants employees were entitled to any wAges for the Period between November 13, 1958, and January 4, 1959, during which there was a lock outs In a sense the two questions are separate and we will first mention the facts relevant to the question regarding the dismissal of Robin Bose.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
ID his reply dated September 20, 1958, Bose stated that what was set out in the charge sheet was distortion of facts and that at the time of enquiry he would place all the facts before the enquiry officer.
Chatterjee told him that the book should be left there fore some time and would be returned to him after he Chatterjee had finished with it.
The termination of the lock out was brought by a settlement made between the parties on January 3, 1959.
In companysequence of this incident a charge sheet was issued to Bose and he was asked to give his written explanation for his rude and insolent behaviour towards his superior officer N. Chatterjee.
Bose was then called by the Managing Director to his Chamber and asked for an explanation for shouting and behaving in a rude manner with his superior.
The Judgment of the Court was delivered by MUDHOLKAR, J. In this appeal by special leave against an award made by the Third Industrial Tribunal, West Bengal, two questions rise for companysideration.
This only infuriated Bose further and he said I shall see you know how to teach you a good lesson, and left Chatterjees table.
August 8.
ON November 5, 1958, the respondent union wrote to the companypany a letter in which they made ten demands, the first of which was that 37 days wages as bonus should be paid to all workmen at the works and head office.
3 1 0 per lb.
Then they went on a partial strike on November 13, 1958.
202 of 1962.
He was also asked to explain another matter, that is, number bringing to Chatterjee numberice the fact that on August 18, 1958, he had bought companyper sheets at Rs.
Shortly thereafter the Managing Director came and Chatterjee reported the matter to him about Bose.
Kumar, for the appellant.
P. Maheshwari, for the respondents.
To this the companypany replied saying that the statement was vague and that in his own interest and in the interest of justice he should give his precise explanation.
Eventually an enquiry was held by the, Managing Director at which he found that the two charger set out in the first charge sheet were made out.
I have worked in bigger offices, you shall have to bear companysequence, if you dont return the book right number.
Then he told him in a loud and threatening voice Dont teach me office discipline.
Bose, however, got annoyed.
