VENTURE ESTATE Vs. THENMALA PLANTATION LABOUR UNION

JUDGEMENT

(1.) THE petitioner is the management in an Industrial Dispute, in Which the Labour Court, Kollam found the disciplinary enquiry conducted at the instance of the management to be in violation of the principles of natural justice. However, the Labour Court gave a fresh opportunity to the management for adducing evidence before the Court. THE preliminary order by which the enquiry was set aside is challenged before this Court invoking the discretionary and supervisory jurisdiction conferred on this Court under Article226 and 227 of the Constitution of India.

(2.) THE Union which espoused the cause of the workman before the Labour Court having not entered appearance, the workman himself got impleaded as the additional 3rd respondent in the Writ Petition. THE learned counsel for the management as also the 3rd respondent were heard on the issues raised.

(3.) BEFORE the Labour Court when the validity of the domestic enquiry came up for consideration as preliminary issue, the management has, as is in vogue, marked the enquiry report and connected files through the enquiry officer, who was examined as MW-1. On chief examination, the enquiry officer deposed that the proceedings of the enquiry was recorded in English and the same translated to the worker in Malayalam through another officer of the management, who acted as an interpreter. On cross examination, it was. admitted by the Enquiry Officer that the workman was an illiterate person and that the Enquiry Officer could not read or write Malayalam. The Enquiry Officer went on to depose that the documents produced by the Enquiry Officer on behalf of the management were in Malayalam and that no witness schedule or document list was produced in the enquiry nor was any supplied to the delinquent worker. It was also admitted that the documents marked were not given to the worker. On the strength of the clear admissions made by the Enquiry Officer, the Labour Court found that there is violation of principles of natural justice and hence set aside the enquiry, but however granting opportunity to the management to adduce evidence before the Court.