Sacked Worker Takes on Auto Giant, Wins Case
Unipres Auto India conducted domestic inquiries into both charges, led by an independent inquiry officer. The inquiries, which lasted several months, concluded that the charges were proven, leading to Pazhani’s dismissal in December 2017.
In a landmark decision, a dismissed welder has triumphed over a major automobile (auto) company, securing a reinstatement order by exposing discrepancies in the company’s claims. The case, which began in November 2016, centered around allegations that B. Pazhani damaged a brass connector, causing a seven-minute production halt.
The Charges
- First Charge: In November 2016, Pazhani was accused of damaging a brass connector by not following proper procedures, leading to a production halt from 11:25 AM to 11:32 AM. The company issued a show cause notice, labeling his actions as serious misconduct.
- Second Charge: On December 1, 2016, Pazhani was accused of slow production, producing only 400 units against a target of 800, and submitting a false production report to conceal the shortfall. A chargesheet was issued in February 2017.
The Inquiry
Unipres India conducted domestic inquiries into both charges, led by an independent inquiry officer. The inquiries, which lasted several months, concluded that the charges were proven, leading to Pazhani’s dismissal in December 2017. The company then filed a petition with the Industrial Tribunal seeking approval of the dismissal under Section 33(2)(b) of the Industrial Disputes Act, 1947.
Tribunal Findings
The tribunal identified several flaws in the company’s case:
- First Charge: Unipres India failed to provide concrete evidence that Pazhani did not follow proper procedures. Crucial maintenance records were missing, leaving the charge unsubstantiated.
- Second Charge: The tribunal noted the lack of evidence supporting the claim of slow production, including no performance comparisons with other workers or proof that the 0.6 tact time standard was realistic.
Additionally, the tribunal found procedural lapses in the company’s internal inquiry, noting that the inquiry officer ignored key evidence and displayed bias in the findings.
Verdict
On August 8, the tribunal concluded that Pazhani’s dismissal was unjustified and ordered his reinstatement, marking a significant victory for the worker against the auto giant.
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