PRESS TRUST OF INDIA LTD Vs. NEERAJ BHUSHAN

JUDGEMENT

(1.) The petitioner has preferred the present writ petition under Article 226 of the Constitution of India to assail the industrial award dated 24.02.2011 passed by Labour Court VII (East Distt.), Karkardooma Courts, Delhi in ID No.36/2004 which was a direct petition under section 10(4A) of the Industrial Disputes Act, 1947 (the Act), as applicable to Delhi.

(2.) The respondent workman assailed his dismissal from service by the petitioner management on 23.04.2003. The said dismissal was premised on the domestic enquiry conducted by the petitioner management on the basis of the charge sheet dated 03.12.2002 issued to the respondent. The industrial adjudicator, while determining the preliminary issue with regard to legality and validity of the domestic enquiry found the same to be illegal and invalid. The Labour Court then proceeded to grant an opportunity to the petitioner to establish the charges against the respondent by leading independent evidence. The order on the preliminary issue has not been assailed in these proceedings.

(3.) The Labour Court has examined each of the eight charges levelled against the respondent and held that none of them have been established.