KUNJURAMAN NAIR Vs. SECRETARY TO LABOUR DEPARTMENT

JUDGEMENT

(1.) THE General Secretary of the Automobile Employees Association has filed this writ petition on behalf of the Association. One Mr. Raghavan Nair was an employee of the 2nd respondent-Calicut Wynad Motor Service (Pvt.) Ltd. He was dismissed from service by the employer for the alleged misconduct of receiving fares from 15 passengers without issuing tickets. The employee had denied the charges. An enquiry was conducted and pursuant to the same the services of the employee was terminated.

(2.) AT that time an industrial dispute between the management and its workmen were pending before the Industrial Tribunal, Calicut, as Industrial Dispute No. 31 of 1972. Therefore, the management moved the Industrial Tribunal, Calicut for approval of the action taken against the employee, which approval was granted from 21-10-1974, from which date the dismissal took effect,

(3.) THE employee as well as the petitioner-union of which he is a member raised an industrial dispute relating to the dismissal of the employee. It had been contended by the union that the termination of services of the concerned conductor was an act of victimisation and that the enquiry conducted was a farce and that the finding arrived at the enquiry was perverse since the finding is not supported by legal evidence.