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M/s. Stanzen Toyotetsu India Pvt. Ltd. Vs. Girish V. [21/01/14]

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[Civil Appeal Nos. of 2014 arising out of S.L.P. (C) Nos.30371-30376 of 2012]. The short question that falls for determination in these appeals is whether the High Court so also the Courts below were right in holding that the disciplinary proceedings initiated by the appellant-company against its employees (respondents herein) ought to remain stayed pending conclusion of the criminal case instituted against the respondents in respect of the very same incident. The appellant-company is engaged in the manufacture of automobile parts in the name and style of M/s. Stanzen Toyotetsu India Pvt. Ltd. While the respondents are workmen engaged by the appellant in connection with the said business. It is not in dispute that the employees of the appellant-company including the respondents are governed by Standing Orders certified under Industrial Employees (Standing Orders) Act, 1946. The appellant's case is that on 19th March, 2011 at about 10.30 p.m. the respondents with the help of other Trade Union functionaries stage managed an accident making it appear as if an employee by the name of Mr. Kusumadhara had slipped and fallen in the press area. The incident was, it is alleged, used as a ruse by the respondents who rushed to the place of alleged fall only to create a ruckus.

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