N CHANDRAN Vs. MANAGEMENT RANIPET

JUDGEMENT

(1.) HEARD both sides.

(2.) THE Writ Petitioner is a workman. He has come forward to challenge one award of the 2nd respondent Labour Court in I.D.No.151 of 1996 dated 20.10.2000. By the impugned Award, the Labour Court held that termination of service of the petitioner was done properly. After observing all legal formalities and adhering to natural justice, fair play, the Labour Court held that the punishment imposed on him cannot be said to be severe or disproportionate. In that view of the matter, industrial dispute was dismissed. It is against this Award, the petitioner preferred the present Writ Petition.

(3.) A reading of the Award clearly shows that the Labour Court did not even frame a preliminary issue regarding the validity of the enquiry. But, on the other hand allowed the parties to lead evidence not only on the preliminary issue but even on the merits of the case. Therefore, the Labour Court's framing the first issue, namely whether the issue can be decided on the basis of evidence let in on either side before the Labour Court for the first time, is not in conformity with the decisions of this Court.The Labour Court ought to have framed a preliminary issue regarding the validity of the enquiry.