SHIVANKARI GOWDA Vs. ALPAS GRANITE PRIVATE LIMITED BANGALORE

JUDGEMENT

(1.) This writ petition is filed calling in question the Award dated October 15, 2008 in I.D. No. 33/2004 passed by the Labour Court, Bangalore.

(2.) Petitioner was an employee of the respondent. Respondent issued articles of charges stating that on August 1, 2003 the petitioner instigated other workmen to stop the work in connection with certain demands made by the workers' union. Since the explanation of the petitioner was not satisfactory, enquiry proceedings were initiated. The enquiry officer submitted a report stating that the charges levelled against the petitioner as proved. The disciplinary authority by accepting the enquiry report passed an order of penalty dismissing the petitioner from service. Aggrieved by this order of penalty the petitioner raised a dispute in I.D. No. 33/2004 under Section 10(4-A) of the Industrial Disputes Act, 1947. On the basis of pleadings, the Labour Court framed the following 3 issues for its consideration:

(3.) Before the Labour Court the counsel for the petitioner made a submission, that the enquiry proceedings are just and proper. Thereafter on the question of the victimisation, petitioner himself examined as W.W.I and respondent examined one witness as M.W.I and got marked from M-1 to M-11. The Labour Court on appreciation of the entire material on record passed the impugned award dismissing the reference. Hence this writ petition.