M. GANESAN Vs. HYUNDAI MOTOR INDIA LIMITED, SRIPERUMBUDUR

JUDGEMENT

(1.) The prayer sought for in the writ petition is for a writ of certiorarified mandamus calling for the records pertaining to the order in Approval Petition No.22 of 2010 in I.D.No.418 of 2007 on the file of the III Additional Labour Court, Chennai, dated 03.04.2018 and quash the same insofar as the approval granted for the dismissal of the petitioner in respect of the charge memos, dated 07.04.2009 and 08.06.2009 and consequently direct the respondent to reinstate the petitioner in service.

(2.) The short facts which are required to be noticed for the disposal of this writ petition are as follows :

(3.) The case of the respondent was that, insofar as the unauthorised absent for two period, separate charge memos were issued and separate Enquiry Officer were appointed, where due opportunity was given to the petitioner and after giving all such opportunity, enquiry was concluded and according to the Enquiry Officer's Report in both the charges, i.e., in both the enquiries, respective charges framed against the petitioner were proved, based on which by supplying the copy of the Enquiry Officer's Report, second explanation was called for by issuing the second show cause, for which the petitioner also had given reply. Insofar as the third charge pertaining to the occurrence taken place on 15.05.2009, it was a very serious charge, where the petitioner not only had picked up quarrel with the coemployees but also had assaulted the employees by making bodily injury and the same was confirmed by eye witnesses who deposed in clear terms before the Enquiry Officer, who on considering the oral as well as the documentary evidences putforth by the management before the Enquiry Officer had come to a conclusion that, the charge in respect of the third enquiry made against the petitioner also was proved.