RAMESH CHAND Vs. L D MALIK

JUDGEMENT

(1.) THE petition under Article 227 of the Constitution of India is directed against the order of the learned Labour Court dated 8th March, 1985 whereby the learned Labour Court inter alia declined the request of the workman for examining Shyam Pal and Ram Brikash as his witnesses during the adjudication proceedings.

(2.) THE petitioner/workman, Sh. Ramesh Chand, was dismissed by the Management of the Birla Cotton Spinning and Weaving Mills Ltd. for alleged misconduct in taking bribe for getting an employment to one Lallan Singh with the Mills. There was domestic enquiry held which inter alia examined Shyam Pal and Ram Brikash on behalf of the Management and they supported the Management's case against the workman and after domestic enquiry the petitioner was dismissed. The Tribunal also gave approval to the action of the Management. However, on the request of the workman, the Administration made reference to the Labour Court to adjudicate whether the termination of the workman's services was illegal and improper.

(3.) IN the statement of claim on behalf of the workman it was inter alia stated in paragraph 5 as under:-