HIGH RANGE ESTATE EMPLOYEES Vs. INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) The unions representing the workmen concerned in I.D.No.8/06 before the Industrial Tribunal, Idukki are the petitioners herein. They are challenging Ext.P1 preliminary order passed by the Tribunal in that I.D. The issue referred for adjudication was dismissal of some workmen. The workmen were dismissed after conducting domestic enquiries. Therefore the Tribunal considered the validity of the enquiries as a preliminary point and passed Ext.P1 order holding that the enquiries were held validity and properly and the conclusions arrived at by the enquiry officer were also supported by evidence on record.

(2.) This preliminary order is challenged in this writ petition on the following grounds.

(3.) Regarding the first contention, the Tribunal, on the basis of the evidence of the enquiry officer before the Tribunal, found that there was in fact a presenting officer representing the management, who only conducted the case on behalf of the management before the enquiry officer. Regarding the second contention the enquiry officer, who gave evidence before the Tribunal, categorically deposed that the memos of charges were read out to the workmen at the beginning of the enquiries and they had denied the charges levelled against them in those memos of charges. Regarding the third contention, the tribunal found that the enquiry officer never relied upon the documents complained of by the Unions and therefore no prejudice was caused to the workmen in the procedure adopted by the enquiry officer.