MR.VENKATARAMANA D C Vs. MR NAGANNA K

JUDGEMENT

(1.) These writ petitions are filed by the petitioner Management as against the order dated 07.10.2016 in Serial Application Nos.1441 to 1446/2014 (in I.D.No.67/2000) passed by the Industrial Tribunal, Bengaluru, by which order the Tribunal has allowed the interim relief application directing to pay interim relief at 75% of the last drawn salary from the date of dismissal i.e., 26.12.2014 during pendency of the application within 30 days, as otherwise to pay 18% interest.

(2.) The brief facts leading to this case are that a charge sheet was served on the respondents on 31.10.2014 on the riotous and disorderly acts as stated therein. The respondents did not reply the charge-sheet but sought for Kannada translation which was furnished on 21.11.2014. The respondents further demanded copies of the complaint for which the Management expressed its inability to furnish the same apprehending danger to the complainants. The respondents made a pre-condition that unless copies of the complaint and other documents are furnished, they will not furnish any explanation. Hence the Management thought, it was not possible to hold domestic enquiry into the serious acts of misconduct and accordingly petitioner dismissed the respondents by order dated 26.12.2014.

(3.) The petitioner filed individual applications for approval of dismissal orders under Section 33(2)(b) of the Industrial Disputes Act. The respondents filed objections to the said applications. In the meanwhile,the respondents filed applications seeking interim relief. After the petitioner filed objections, the applications were heard and by the order dated 1.4.2016, Serial Application No.1440/2014 was rejected.