TEXTILE CENTRE Vs. THE GENERAL SECRETARY AND ANR.

JUDGEMENT

(1.) PETITIONER -management, seeks to quash Ext. P -5 award of the Labour Court, Kozhikode, setting aside an order of dismissal and directing reinstatement of the workman.

(2.) THE workman represented by first Respondent union, was placed under suspension on allegation of misconduct. In due course, an enquiry officer was appointed, he framed Ext. P -3 charges, held an enquiry and found the workman guilty. Eventually, the workman was dismissed from service. That led to an industrial dispute, and Ext. P -5 award. The Labour Court found:

(3.) IN reply, learned Counsel for first Respondent, would submit that, without a proper charge, an enquiry will not be valid, and that for lack of a proper charge the entire proceedings are vitiated. According to him, the Labour Court was justified is setting aside the order of dismissal.