Taj Mahal Hotel vs Industrial Tribunal I And Ors Govt … on 11 September, 2015

1. An inquiry was instituted against respondent Nos.2 to 6 being
B.S.Rawat, Rambir, Shankar Lal, Ram Phool and Mukesh Shakun on the
allegations that they collected mob of employees outside the cafeteria,
started shouting slogans, abusing the officers of the Hotel in most filthy
language. Despite persuasion by the Security Manager they did not leave
the cafeteria rather in a most rude and impertinent manner bluntly told that
the workers would not leave the place unless the notice put up on the notice
board pertaining to settlement dated October 26, 1991 was not withdrawn
immediately and the settlement is not given effect. The above named
officers along with 30-40 employees charged into the personal office of the
Assistant Personnel Manager and demanded his explanation. Despite the

Assistant Personnel Manager politely explaining the settlement entered into
between Union being fair and just and nothing wrong noted therein the
respondent Nos.2 to 6 and others abused him and stated that unless the
notice of implementation of the settlement was withdrawn they would resort
to violence, beat the employees who signed the declaration and accepted the
same. Thereafter they gave highly inflammatory speeches to the workmen
not to accept the settlement and threatened that person responsible for
settlement would not be spared, would be beaten up, a lesson of their life
would be taught to them and exhaulted the mob to resort to violence and
beat the employees. At about 2.30 PM when Diwan Singh Rawat was
explaining the implications of the settlement the respondent Nos.2 to 6
snatched papers from him and attempted to assault him and thereafter in a
procession went to the public area where the entry of the employees other
than on duty was restricted. The respondents physically snatched papers
from the female employees and hit them, forced their entry in the health club
and threatened Ms Rafia Azmat of dire consequences for having signed the
settlement. Again at 4.00 PM they collected as a mob and made highly
inflammatory speeches instigating to violence.

Source: Indian Kanoon

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