P MUTHUKRISHNAN Vs. SECRETARY MODERN WOODCRAFTS EMPLOYEES UNION

JUDGEMENT

(1.) These Writ Petitions question the validity of an award passed by the Industrial Tribunal, Calicut.

(2.) The petitioner in O. P. 3738/66, the Secretary, Modern Woodcrafts Employees' Union, raised an industrial dispute concerning the wrongful dismissal of one K. Parameswaran Asari, an employee of the management (the 1st respondent in O. P. 3738/66), and the Government of Kerala referred the dispute for adjudication to the 2nd respondent. Before the 2nd respondent the main contention of the management was that Asari was dismissed after a proper domestic enquiry, and therefore, the tribunal should not interfere with the punishment imposed; whereas the Employees' Union contended that Asari was dismissed as a result of victimisation and unfair labour practice. The 2nd respondent passed an award on 6-7-1966 and it was published in the Gazette dated 20th September 1966. Ext. P-1 is a copy of the Gazette.

(3.) The questions referred for adjudication were: (1) whether there was a proper domestic enquiry (2) Whether the reason for the dismissal is true and (3) Whether the dismissal was the result of unfair labour practice and would amount to victimisation