Posco Tmc vs Shri. Sand

Posco Tmc India Pvt. Ltd. Vs Shri. Sandeep Balasaheb Bhoskar

Case Details

Case Type	Application IT
Filing Number	5000595/2015
Registration Number	5000014/2015
Filing Date	08-12-2015
Registration Date	09-12-2015

Decision Date	12th December 2017
Case Status	Case Disposed
Court Number and Judge	1-Member, 1St Industrial Court, Pune.;
Nature of Disposal	Uncontested--Expatry Order;

Petitioners & Respondents

Petitioner

Posco Tmc India Pvt. Ltd., ;

Petitioner Advocate

R. Y. Joshi;

Respondent Name

Shri. Sandeep Balasaheb Bhoskar;

Order Details

Order not found.

Final Order Judgement

Order Date

12-12-2017

....1..... Application IT 14 of 2015 DD MM Year Received on 08 12 2015 Registered on 08 12 2015 Decided on 12 12 2017 Duration 2 yrs 0 months 4 days BEFORE SHRI. S.V. SURYAWANSHI, MEMBER,BEFORE SHRI. S.V. SURYAWANSHI, MEMBER, INDUSTRIAL COURT AT PUNE APPLICATION (IT) NO. 14 OF 2015 IN REFERENCE (IT) NO. 47 OF 2015 POSCO TMC India Pvt Ltd Gat No. 537/538 Badhalwadi Bahirat Patil Industrial Park Navlakh Umbre, Talegaon Dabhade Tal. Maval, Dist. Pune 410 507 .... Applicant V/sV/s. Sandeep Balasaheb Bhoskar At Chincholi Post Dehuroad Tal. Haveli, Dist. Pune 412 101 .... Opponent In the matter of an application u/s 33(2)(b) of the Industrial Disputes Act, 1947. CORAM : SHRI. S.V. SURYAWANSHI, MEMBER, INDUSTRIAL COURT, PUNE. APPEARANCES : ➢ Shri. R.Y. Joshi, Ld. Advocate for the Applicant ➢ None for the Opponents. ....2..... Application IT 14 of 2015 : E X – P A R T E J U D G M E N T : (Dictated and delivered in open Court on 12th December, 2017) The applicant has filed present application u/s 33(2)(b) of the Industrial Disputes Act, 1947 for approval of action of dismissal inflicted upon Shri. Sandeep Balasaheb Bhoskar w.e.f. 8.12.2015. 2. As per applicant, the applicant is a company duly incorporated under the Companies Act. There are about 31 permanent workers working with the applicant. Service conditions of those workers are governed by terms and conditions of the appointment order as well as Model Standing order framed under the Industrial Employment (Standing Orders) Act, 1946. 3. The Opponent was in the employment of the applicant w.e.f. 3.7.2010. His entire past service record is not clean and unblemished. On 22.8.2014, the Opponent was working in the third shift. On that day, Shri. Daniel Han, General Manager made a surprise visit to the company at about 2:45 a.m. When he entered the EI section, he found that all the press machines are not functioning and nobody was present in the said section. When he went to CTL section he found that Opponent and some of the workers were sleeping on the floor by spreading HDPE sheet behind the CTL 640 machine leaving place of work, and some of the workers were sitting beside the above said sleeping employees and were engaged in gossiping, leaving place of work during working hours. He has done video ....3..... Application IT 14 of 2015 recording of this situation. At that time, the Opponent and other workers admitted to have slept / sitting idle by leaving the place of work. Accordingly, the chargesheet dated 30.9.2014 was issued against the Opponent and other workers, explanation was called, enquiry was conducted by appointing the Enquiry Officer. In said enquiry, the Opponent was represented through Advocate Mr. Nitin Kolhatkar. All the documents produced in the enquiry were duly proved, witnesses were examined and cross examined. After departmental enquiry, the Enquiry Officer submitted his report and findings dated 3.12.2015, wherein he held that the Opponent workman is guilty of the charges levelled against him by the chargesheet dated 30.9.2014. 4. On said findings of the Enquiry Officer, the written comments / explanation was called from the Opponent. Accordingly, the Opponent submitted his explanation. The said explanation was not found to be satisfactory. Hence by considering grave and serious nature of charges, services of the Opponent was terminated by order dated 8.12.2015. 5. However, as the Reference (IT) No. 47/2015 is pending before this Court, the applicant has filed present application for approval u/s 33(2)(b) of the Industria1 Disputes Act, 1947. 6. Notices of the present application was duly served upon the Opponent. Initially, the Opponent appeared in the matter and prayed for time to file Vakalatnama of his Advocate on 16.4.2016. However, later on the Opponent or his Advocate ....4..... Application IT 14 of 2015 consistently remained absent, even failed to file Vakalatnama, and hence the present matter came to be proceeded exparte by order of this Court dated 28.2.2017. The services of the applicant was terminated by order dated 8.12.2015. While terminating the services, all the legal dues, as well as wages for one month's as per section 33(2)(b) of the Industrial Disputes Act are also paid to the Opponent. 7. In support of contention of the present application, the applicant examined Mr. Young Cheon Park by filing his affidavit of examination in chief. The applicant has also filed the entire enquiry proceedings, exhibits of the enquiry, findings of the Enquiry Officer, explanation and documents relating to past service record of the Opponent. All the documents filed by the Opponent are duly proved. Entire evidence of the applicant, as well as entire contents of the present application are remained unchallenged. Hence, I have no alternative than to conclude that the applicant has proved his case. 8. In the result, I proceed to pass following order : ORDER 1. The present application is allowed. ....5..... Application IT 14 of 2015 2. No order as to the costs. SD/ ( S.V. Suryawanshi ) Member, Date: 12.12.2017 Industrial Court, Pune Sd/ Asstt. Registrar Industrial Court, Pune nsp Argued on 12.12.2017 Judgment dictated on 12.12.2017 Judgment transcribed on 12.12.2017 Judgment checked and signed on 12.12.2017

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Frequently Asked Questions

The Petitioner in case Posco Tmc India Pvt. Ltd. vs Shri. Sandeep Balasaheb Bhoskar is Posco Tmc India Pvt. Ltd..

The Respondent in case Posco Tmc India Pvt. Ltd. vs Shri. Sandeep Balasaheb Bhoskar is Shri. Sandeep Balasaheb Bhoskar.

The case against Shri. Sandeep Balasaheb Bhoskarwas filed on 08-12-2015 by Posco Tmc India Pvt. Ltd..

The status of case Posco Tmc India Pvt. Ltd. against Shri. Sandeep Balasaheb Bhoskar is Case Disposed.