YATHIRAJU Vs. MANAGEMENT OF MLC INDUSTRIES LIMITED

JUDGEMENT

(1.) The petitioner was appointed as a Welder-cum-Fabricator with the 1st respondent. Based on certain acts of insubordination an article of charge was issued. The same was replied to. Being dissatisfied, an enquiry was held. Charges were proved. He was dismissed from service. A dispute was raised before the Labour Court. By the impugned order, the reference was rejected. Hence, the present writ petition.

(2.) The learned counsel for the petitioner contends that the impugned order passed by the Labour Court is bereft of any reasons except stating that the Labour Court does not find any error or any mistake in the enquiry report no other reasons have been assigned. Therefore, the matter would have to be sent back for a re-appreciation of the material before the Labour Court. The same is disputed by the respondents. They submit that it is the burden of the workman to plead his case before the Labour Court. He having failed to do so, no fault cannot be found with the Labour Court. Hence, they plead that the petition be dismissed.

(3.) On hearing learned counsels, I' am of the considered view that appropriate relief is called for.