MANAGEMENT OF HINDUSTAN AERONAUTICS LIMITED REPRESENTED BY ITS CHIEF MANAGER (P AND A) Vs. SMT. G.N. RAMA RAO

JUDGEMENT

(1.) THIS writ petition is filed calling in question the order dated (04.11.2003 and award dated 18.05.2005 in reference No. 39/2000 paused by the Labour Court at Bangalore.

(2.) THE Respondent was an employee of Petitioner's establishment. For misconduct of unauthorised absence articles of charges were issued, enquiry was held and on 23.03.1996 an order of dismissal came to be passed. Aggrieved by this order of dismissal, the Respondent raised a dispute before the Labour Court in reference No. 39/2000 under Section 10(1)(c) of the Industrial Disputes Act. In addition to the points of reference, the Labour Court framed an additional issue relating to domestic enquiry and the same was treated as preliminary issue. on this preliminary issue, both the parties adduced evidence and produced certain documents. The Labour Court by order dated 04.11.2003, held the domestic enquiry as not fair and proper. Thereafter, the matter was listed for recording evidence on the charges levelled against the Respondent At that stags, Respondent filed an application under Section 11(A) of the Industrial Disputes Act claiming relief under Section 17(B) of the Industrial Disputee Act.

(3.) I heard arguments on both the side and perused the entire writ papers.