TATA OIL MILLS COMPANY LTD Vs. DOMINIC GOMEZ

JUDGEMENT

(1.) This is an appeal by the management of the Tata Oil Mills Co. Ltd., Ernakulam against the judgment of Mr. Justice Mathew in O. P. No. 711 of 1963 filed under Art.226 of the Constitution of India by a dismissed workman Shri. Dominic Gomez for the issue of a writ of certiorari to quash the award Ext. P. 1 passed by the Industrial Tribunal, Ernakulam, to the extent it is adverse to. him and for directions to reinstate him and for other reliefs.

(2.) An industrial dispute between the management of the Tata Oil Mills Co. Ltd., Ernakulam, and their workmen was referred for adjudication to the Industrial Tribunal, Ernakulam, by the "appropriate Government". Of the eight issues referred for adjudication, a part of issue No. 8 which arose out of the dismissal of the worker Shri. Dominic Gomez (herein referred to as respondent) was alone decided, the other issues having been left out on consent of parties. As a result, Ext. P. 1 award dated 7-12-1962 was passed by the Industrial Tribunal setting aside the order of dismissal but refusing his reinstatement and allowing him Rs. 492/- as compensation.

(3.) That part of issue No. 8 which was adjudicated by the Tribunal is in the following terms: