BEEMAKUNJU Vs. F C I

JUDGEMENT

(1.) Is it mandatory under the principles of natural justice to conduct a domestic enquiry in the case of disciplinary action for unauthorised absence is the question to be decided in this Writ Appeal.

(2.) Additional respondents 3 to 5 in O. P. No. 6935 of 2000 are the appellants. They are the legal representatives of the deceased workman A. Sainalabdeen. The Original Petition was filed challenging the award in I.D. No. 6 of 1996 of the Industrial Tribunal, Kollam by the District Manager, Food Corporation of India (hereinafter referred to as 'the management'). The question referred to the Tribunal for adjudication was:

(3.) The learned Single Judge took the view, particularly placing reliance on Bench decision of this Court in Annamma v. Joseph ( 1984 KLT 545 ), that since the workman too had not staked any claim regarding the implementation of the award for more than two years, there was justification in not non suiting the management on the ground of delay and hence proceeded to examine the case on merits.