LAWS(DLH)-2011-9-180

ASHOK MANUFACTURING CO LTD Vs. HARPAL SINGH

Decided On September 02, 2011
ASHOK MANUFACTURING CO. LTD. Appellant
V/S
HARPAL SINGH Respondents

JUDGEMENT

(1.) THE Petitioner Ashok Manufacturing Company Limited (,,management) challenges an Award dated 11th October 2004 passed by the Industrial Tribunal (,,Tribunal) in I D No. 46 of 1989. By the impugned Award, the Tribunal held the termination of the services of the Respondent workman Shri Harpal Singh illegal and directed his reinstatement with full back wages.

(2.) THE Petitioner also challenges an order dated 30th May 2002 passed by the Tribunal holding that the enquiry proceedings held before the dismissal of the Respondent workman was not fair and proper and was violative of principles of natural justice.

(3.) THE second ground on which the enquiry was held to be unfair was that the workman was asked to first lead his evidence although it was the management which had chargesheeted him and the burden was on it to prove his misconduct. THE learned counsel for the management has relied upon the reply given by the workman in his cross-examination where he agreed that the EO had followed the Certified Standing Orders (,,CSO). It is submitted that, therefore, the enquiry was held in a fair manner.