G CHANDRASHEKAR Vs. MANAGEMENT OF SUNRISE INDUSTRIES

JUDGEMENT

(1.) THIS Writ Petition is directed against the common award dated 19. 11. 2002 in A. I. D. Nos. 33, 37, 38, 39, 40 and 41/2001 and an order dated 15th September, 2001 passed in the said disputes.

(2.) PETITIONERS raised a dispute under Section 10 (4a) of the Industrial disputes Act, 1947 (hereinafter referred to as 'the Act') against the order of dismissal dated 11. 2. 1988.

(3.) CASE of the petitioners is that, the respondent - Management served an order of suspension dated 23. 7. 1986 and thereafter, issued show cause notice dated 12. 8. 1986 and an enquiry was conducted on the basis of complaint made on 23. 7. 1986 by co-employee namely, one Yogananda without complying with the procedure prescribed and without giving an opportunity. The Enquiry Officer submitted a report and based on the same, Management passed an order of dismissal. The Management failed to take into consideration the application filed by it, seeking permission under Section 33, sub-section (2), clause (b) of the Act pending before the additional Industrial Tribunal in I. D. No. 19 of 1987 and alleged that the entire proceedings culminated in issue of order of dismissal is vitiated.