R THIRUVIRKOLAM Vs. PRESIDING OFFICER

JUDGEMENT

(1.) The appellant was employed as a technician with M/s. Madras Fertilizers Ltd. - Respondent No.2. He was dismissed from service after a domestic inquiry on November 18, 1981 on proof of misconduct. The appellant challenged his dismissed before the Labour Court. The Labour Court found the domestic inquiry to be defective and permitted the management to prove the misconduct before it. On the basis of the evidence adduced before the Labour Court, it came to the conclusion that the punishment imposed was justified as the misconduct was duly proved. The Labour Courts order is dated December 11, 1985. Appellant then filed a writ petition before the High Court which was dismissed by a single Bench. The writ appeal filed by the appellant was also dismissed by a Division Bench of the High Court. Hence this appeal by special leave.

(2.) The leave granted in this appeal is confined only to the question:whether the dismissal will take effect from the date of the order of the Labour Court, namely, December 11, 1985 or it would relate to the date of the order of dismissal passed by the employer, namely, November 18, 1981.

(3.) The only point involved for decision is apparently concluded by the decision of the Constitution Bench in P. H. Kalyani v. M/s. Air France, Calcutta, (1964) 2 SCR 104 . However, this point appears to have been raised on behalf of the appellant on the basis of certain observations made in Gujrat Steel Tubes Ltd. v. Gujrat Steel Tubes Mazdoor Sabha, (1980) 2 SCR 146 which appear to be country.