MANAGER VENTURE ESTATE Vs. GENERAL SECRETARY

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 Art.226 and Art.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.) Proceedings were initiated against the delinquent worker by the management by a charge - sheet dated 23/10/2002 alleging riotous and disorderly behaviour in the premises of the employer and the workman was also placed under suspension. Admittedly a domestic enquiry was conducted against the delinquent employee, in which he participated along with a Union Representative and the Enquiry Officer having found the delinquent worker to be guilty of the charges levelled against him, the disciplinary authority imposed the punishment of dismissal. The issue whether the dismissal of the workman was justified was referred to the Labour Court, which culminated in the impugned order, Ext. P1.