KANABHAI NAGAJAN Vs. BROOKE BOND INDIA LIMITED JAMNAGAR

JUDGEMENT

(1.) The petitioner who was a workman in the employment of the respondent has challenged the judgment and order dated December 15 1978 passed by the First Labour Court Rajkot remanding the matter to the management with a direction to give a show cause notice to him and to consider his explanation With regard to the punishment sought to be imposed on him.

(2.) Petitioner was ill the employment of the respondent and serving as a watchman at Jamnagar. He was found drunk and behaving in a disorderly manner and was not in a position to discharge his duty. An inquiry was held against him and at the conclusion of the inquiry by an order dated November 19 1974 the petitioner was dismissed from service. An industrial dispute arising as a result of this dismissal order was referred for adjudication to the first Labour Court at Rajkot under sec. 10 (1) (c) of the Industrial disputes Act 1947 The dispute which was referred to the Labour Court was in the following terms :-

(3.) Mr. P. M. Thakkar the learned Advocate appealing for the petitioner submitted that the Labour Court had no power to remand the matter to the management to give an opportunity to the workman to show cause against the proposed penalty. Once it came to the conclusion that the domestic inquiry held by the respondent was defective the only order which the Labour Court could have passed as to set aside the order of dismissal and reinstate the petitioner in service from the date of dismissal order.