M SHANTHIKUMAR Vs. MANAGEMENT OF BEML LTD

JUDGEMENT

(1.) The petitioner was working as Joint Supervisor (Mechanic) in the respondent-Company. On 11.11.2006, a charge sheet was issued to the petitioner alleging certain misconducts. An inquiry was conducted and pursuant to the report submitted by the Enquiry Officer, the charges were held to be proved. The Disciplinary Authority, by order dated 15.07.2011 imposed punishment of dismissal from service.

(2.) The respondent-Management approached the Industrial Tribunal seeking approval of its action of dismissing the petitioner from service, under Section 33(2)(b) of the Industrial Disputes Act, 1947 (hereinafter referred to as the 'I.D.Act' for short). The petitioner herein appeared before the Tribunal and filed his statement of objections. The petitioner, it is contended, took a specific contention that the inquiry conducted by the respondent was not fair and proper.

(3.) On 09.03.2018, when the Tribunal passed the order holding that the domestic enquiry conducted by the respondent-Management was not fair and proper, it posted the matter to 04.04.2018 for evidence on merits. On 04.04.2018, the petitioner herein filed I.A.No.IV to dismiss the Serial Application on the ground that the respondent- Management had not made a request to the Tribunal for allowing the respondent to adduce evidence, to substantiate that the charges leveled against the petitioner are proved.