P MANOHARAN Vs. PRESIDING OFFICER LABOUR COURT SALEM

JUDGEMENT

(1.) THE prayer in the writ petition is for issuance of writ of certiorarified mandamus to quash the award dated June 28,1994, passed by the Labour Court, Salem, in I.D. No. 508/1992, both as against the preliminary finding that the domestic enquiry conducted by the second respondent-Management was fair and proper as well as the award holding that the petitioner's non-employment and dismissal from service was justified and also for a direction to the second respondent-Management to reinstate the petitioner with continuity of service along with full backwages and other attendant benefits.

(2.) THE petitioner is the workman and the second respondent is the Management and they shall be referred as such, in this judgment and order. THE case of the Workman:

(3.) FURTHER, the Model Standing Orders also does not provide for an appointment of an outside person as Enquiry Officer, and if the Management can appoint the Presenting Officer of its own choice, then the workman should also be given a choice of choosing his defence assistance, as the workman has studied only up to +2 and as the Presenting Officer is an Accountant Officer of the respondent- Company, the Enquiry Officer ought to have permitted the workman to engage a Lawyer.