KERALA CHEMICALS AND PROTEINS LTD. Vs. LABOUR COURT

JUDGEMENT

(1.) The petitioner is a limited company represented by its Managing Director. This writ petition is filed challenging Exhibit P4 preliminary order passed by the Labour Court, Ernakulam in Industrial Dispute No. 3 of 2005. According to the petitioner, the Labour Court has exceeded its jurisdiction in passing Exhibit P4 order, Therefore, it is contended that the said order is liable to set aside.

(2.) The petitioner had initiated disciplinary action against five of its workmen for misconduct. A domestic enquiry was conducted and the workmen were dismissed from service. Out of the five workmen, one person Sri P.V. Pradeep, accepted the punishment, received the amounts offered by the Management and left the service of the petitioner. The other four workmen challenged the punishment.

(3.) The allegation against the workmen is that, one Sri M.V. Martin, along with four other workmen had assaulted one Sri P.C. Sasi another workman, on 21.12.2003 at about 4.20P.M. while he was changing his dress in the rest room. In view of the unruly conduct of the workmen, the Management initiated proceedings against them. A domestic enquiry was ordered. Advocate Renil Anto was appointed as the Enquiry Officer. The enquiry Officer conducted the enquiry and found that the workmen were guilty of the culpable conduct. On the basis of the enquiry, the Management issued notices to the workmen, considered their explanations and dismissed them from service.