IDUKKI DT ESTATE WORKERS UNION Vs. LABOUR COURT

JUDGEMENT

(1.) Five workmen represented by petitioner, were dismissed after a domestic enquiry by second respondent. An industrial dispute was raised and Ext. P1 is the reference order. In the proceedings a preliminary issue was raised, and by Ext. P4 dated 9-2-1983, the Labour Court (1st respondent) found that "workmen were not given sufficient opportunity to establish their innocence. Enquiry to that extent is vitiated".

(2.) Thereafter, additional evidence was taken, and three witnesses (WW. 2 to 4) were examined for the workmen. One of the workmen and Enquiry Officer were examined respectively, as WW. 1 and MW. 1, as seen from Ext. P6 order (paragraph 5). Thereafter, first respondent considered the matter and found that charges 1 and 3 were established. Punishment of discharge from service was imposed.

(3.) Ext. P6 order is challenged on three grounds. It is contended that, first respondent should not have acted on evidence recorded at the domestic enquiry. It was also contended that the findings are unsupported by evidence, and that the punishment imposed is unduly harsh.