HINDUSTAN AERONAUTICS LIMITED Vs. K SHANMUGAM

JUDGEMENT

(1.) Since the facts and the points of law involved in both the appeals are common, both the appeals are clubbed together and disposed of by a common Judgment. The parties are referred to as the 'Management' and the 'Workman' in this Judgment.

(2.) The order under challenge in both the appeals is the one passed by the learned Single Judge on 19-7-1989 in Writ Petition No. 1480 of 1986. Writ Appeal No. 1961 of 1989 was filed by the Management challenging the correctness of the order passed by the learned Single Judge who had agreed with the order of the Industrial Tribunal, Bangalore, rejecting the application filed by the Management under Section 33(2)(b) of the Industrial Disputes Act for approval of the order of dismissal of the Workman. Whereas, Writ Appeal No. 77 of 1990 filed by the Workman challenging the correctness of the liberty given by the learned Single Judge to the Management to take such action against the Workman from the stage at which the illegality has crept into the enquiry proceedings.

(3.) A few facts which are necessary to dispose of both the appeals are as follows: The Workman was an employee of the Management. He was working in Design Complex which is a part of the Management. The Management was engaged in the manufacture of Aeroplanes and Aero-engines. It was also engaged in overhauling of aircrafts. The Workman was served with a charge-sheet dated 26/29-10-1984 wherein the Management had alleged certain acts of misconduct as per Annexure 'A' which is extracted below: