MANAGEMENT OF MOTOR INDUSTRIES COMPANY LIMITED BANGALORE Vs. PRESIDING OFFICER II ADDITIONAL LABOUR COURT BANGALORE

JUDGEMENT

(1.) FOR the commision of certain alleged misconduct, the 2nd respondent-worker herein was dismissed from service by the petitioner-Management after holding a domestic enquiry. The worker thereupon filed O. S. No. 368 of 1977 on the file of the munsiff Court, Bangalore challenging the proceedings. The main relief sought for therein were as follows: " (i) declaring that the charge-sheet dated 2-3-1976 under ex. A and the enquiry proceedings held in pursuance thereof are all illegal ab initio and not binding on the plaintiff and especially in view of the communication marked Ex. "g", final orders may come off any; (ii) for a consequential permanent injunction restraining the defendants from making any action in pursuance of the said illegal enquiry and proceedings there; and" the averments in the plaint showed that his grievances were that:

(2.) THE suit was contested. Issues 1 and 2 framed were as hereunder:

(3.) THE worker took up the matter in appeal. Pending the appeal, the worker filed LA. 3 under Order 23, Rule 1 read with section 151, CPC for permission to withdraw the suit and reserving permission to proceed under the Industrial Disputes act. This application was opposed by the employer. After considering the respective contentions, the Appellate Court held as follows: