AIR 1966 SUPREME COURT 1731 ::1962 4 FacLR 7 ::1961 2 LabLJ 686 ::1961-62 21 FJR 347 ::1962 2 SCJ 260

Supreme Court Of India

(From: Second Labour Court, W. B.)*

Hon'ble Judge(s): P. B. Gajendragadkar, Ajit Kumar Sarkar, K. N. Wanchoo , JJJ

Industrial Disputes Act (14 of 1947) , S.15— Dismissal of workman - Misconduct - Wilful insubordination and disobedience of lawful orders of superiors - Two types of misconduct - Workman using filthy language and threatening to assault officer in charge of department other than his own - Amounts to wilful insubordination - Order of dismissal - Legality. A Standing Order which provides that wilful insubordination, or disobedience, whether alone or in combination with other, of any lawful or reasonable order of a superior' shall be treated as misconduct, contemplates two different types of misconduct, viz., (i) wilful insubordination, and (ii) disobedience of any lawful and reasonable order of superior. Insubordination would include defiance of persons in authority whether such persons are the direct superiors of the workmen charged or not. It would also include riotous conduct which makes it impossible for the higher officers to discharge their duties properly. Where the charge established against two workers in the Spinning Department of a jute mill was that they had used abusive and filthy language and threatened to assault an officer in charge of the Batching Department who had come there to bring to the notice of the Management the wasteful acts of workmen concerned causing loss to the employer. Held that the misconduct of th....