NIRANJAN MILLS LIMITED Vs. KALICHARAN RAMFER

JUDGEMENT

(1.) The petitioner-Industry, being aggrieved by the award dated 20th February, 1992 and order dated 21st August, 1996 passed by the learned Labour Court, Surat in T. Application No.300 of 1987 and the appellate order dated 20th September, 2000 passed by the learned Member, Industrial Tribunal, Surat in Appeal (IC) No.6 of 1996, is before this Court with a submission that the award passed by the learned Labour Court and the order passed by the learned Appellate Court are contrary to law.

(2.) The short facts necessary for disposal of the present Writ Application filed under Article 227 of the Constitution of India, are that a show cause notice/charge-sheet was issued to the workman stating, inter alia, that the respondent was working as a badli worker and that he was asked to behave properly and conduct himself properly by the Clerk, but, he misbehaved with the said Clerk. According to the petitioner-Industry, after giving due opportunity of hearing to the workman, a finding into the guilt of the workman was recorded. Being aggrieved by the final order of removal, the workman took up the matter before the learned Labour Court.

(3.) Mrs. Ketty A. Mehta, learned Counsel for the petitioner-Industry, has raised two fold submissions, which I will take up one after another. It is contended by the learned Counsel for the petitioner that the records produced in the Labour Court by the Industry would clearly prove that as many as four opportunities were given to the workman and even by a Registered A. D. letter he was asked to appear, but, the workman did not avail the opportunity. She submits that the findings recorded by the learned Courts below are bad and deserve to be quashed.