NAVIN FLUORINE INDUSTRIES Vs. KIRIT THOMAS RATHOD

JUDGEMENT

(1.) . The present Special Civil Application is at the instance of Navin Fluorine Industries challenging the impugned award dated 7-3-1994 by the Labour Court at Surat in reference LCS No. 4 of 1985.

(2.) . By the impugned award the reference of the workman has been allowed. The employer has been directed to reinstate the workman in service of his original post with full back wages and continuation in service. It appears from the record that the workman was appointed on probation as Canteen Supervisor and. On and from 21-6-1982. By a letter dated 25-8-1983 the services of the petitioner were confirmed and the petitioner was given salary of Junior Assistant Grade it. He was charge-sheeted and his explanation was sought by a letter dated 3/5-12-1983. He replied to the said letter. However without going through the Departmental Proceedings the petitioner has been retrenched from service. It ef-fected on 4-2-1984 by giving salary in lieu of one months notice. The Labour Court has gone through the matter in detail and depth by giving opportunity to both the sides to produce evidence. In the reasoned judgment the Labour Court has found that the steps taken by the employer are contrary to law and ultimately made the award as indicated above.

(3.) . Being aggrieved the employer has come to the writ Court. The learned Counsel for the petitioner has argued that the Labour Court has committed an error in not considering the reply of the workman against the charges brought against him and in view of his admission as to delayed remittal of the amount lying with him item No. 2 ought to have been taken as proved and there is no necessity on going through any procedure and this aspect is not reflected in the award which is challenged before this Court.