S NAGIAH Vs. INDIA ALUMINIUM CO LIMITED

JUDGEMENT

(1.) ALL these cases can be dealt with under a common judgment since they arise out of the same proceedings relating to the appellant -workman.

(2.) WE propose to refer to the parties as arrayed in Writ Appeal No. 3322/1986.

(3.) BEFORE the Tribunal it was contended that the charge memos A -3 and A -4 had not been issued by the Company Authority in terms of Standing Order 33. Insofar as they had come to be issued by the General Production Superintendent, they must be deemed to be invalid. On an invalid charge memorandum enquiry could not be proceeded with and even the ultimate order of dismissal cannot prevail. Yet another point that was taken was whether a fair opportunity had been given to the workman. The Tribunal for reasons recorded in its order dated 30th June 1986 held as follows : - 'The domestic enquiry held by the Enquiry Officer against the opponent is not fair, legal and valid. The case may be posted for giving an opportunity to the applicant to justify the proposed action to be taken by 18th July, 1986.'