SECRETARY CHENNAI CORPORATION Vs. R PANNEERSELVAM

JUDGEMENT

(1.) The first two writ petitions are filed by the management of the Cooperative Society and the subsequent two writ petitions are filed by the contesting first respondent in those writ petitions.

(2.) The contesting respondents, Mr. Jayakumar and Panneerselvam were employed as Junior Assistants in the cooperative society. While Pannerselvam was employed from January 9,1990, Jayakumar was employed with effect from February 27, 1992. Both the petitioners were dismissed by the Society which gave rise to an Industrial Dispute being raised by both the workmen. In the case of Pannerselvam, the dispute was taken on file by the second respondent Labour Court as I.D. No. 363/2000. In the case of Jayaraman, the dispute was taken as I.D. No. 362/2000. THE petitioner society resisted the claim for their reinstatement and backwages.

(3.) In that view of the matter, the Labour Court came to the conclusion that the enquiry suffered from personal bias and was liable to be set aside. But, the other contentions viz., that the workmen were not given assistance of lawyer and also they were discriminated in the matter of issuing charge memos, was rejected by the Labour Court. The Labour Court, having held that the enquiry suffered from personal bias on account of the two Directors who were instrumental in charge sheeting the workmen had deposed in the enquiry and later on approved their own action.