CHOWDAPPA T Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) The two petitioners, who were workmen . of Suryodaya Mills, Bangalore, were dismissed from service by the management with effect from 5-1-1974. On a reference made to the Labour Court, Bangalore, under Section 10 of the Industrial Disputes Act, the Labour Court by its Award dt. 4-3-76 held that the management was justified in dismissing the petitioners from service and they were not entitled to any relief. Aggrieved by the said Award, the petitioners have presented these two writ petitions.

(2.) The grievance of the petitioners is that though they objected to the domestic enquiry held against them on the ground that it was held ex parte in violation of the principles of natural justice and therefore, invalid and consequently the dismissal orders made pursuant to such enquiry are also not valid, and the management also filed an application before the Labour Court to decide the validity of domestic enquiry as a preliminary issue, the Labour Court without deciding the preliminary issue proceeded to make the Award, not only holding that the domestic enqary was valid, but also that the finding recorded and penalty imposed was 'justified.

(3.) The learned Counsel for the petitioner submitted tha the Labour Court was under a duty to decide the validity of the domestic enquiry as a preliminary issue, and thereafter should have proceeded to hear the parties On the merits of the case. In support of his submission he relied on the decision of the Supreme Court in Cooper Engg Ltd v. P.P.Mundhe, AIR. 1975 SC, 1900, On the basis of the law laid down by the Supreme Court, he contended, that the impugned Award is liable to be quashed, as the Labour Court failed to record its finding on the preliminary issue before proceeding to hear and decide the reference on the merits.