NILPUR TEA ESTATE Vs. STATE OF ASSAM

JUDGEMENT

(1.) Leave granted.

(2.) This appeal has been filed on behalf of the Management of Nilpur Tea Estate for setting aside the order dated 8-2-1995 passed by a learned Judge of the Guwahati High Court, dismissing the writ petition filed on behalf of the appellant, for quashing the order passed by the Labour Court under S. 33-C(2) of the Industrial Disputes Act (hereinafter referred to as the 'Act'). The order aforesaid has been affirmed by the Division Bench by dismissal of the writ appeal by its order dated 15-5-1995.

(3.) A charge-sheet was issued by the appellant on 9-10-1981 against the third respondent (hereinafter referred to as the 'respondent') alleging certain misconduct under the standing order. Thereafter a domestic enquiry was held and on the basis of the report of the Enquiry Officer by order dated 1-2-1982 the services of the said respondent were terminated. On an industrial dispute being raised, reference of the dispute was made for adjudication to the Labour Court. The Labour Court gave its award which was published in the Gazette in January. 1988. By the aforesaid award, the order of termination was set aside and a direction was given that respondent be reinstated.