(1.) PETITIONER was a workman who was charged with misconduct having slapped a co-worker while on the night shift on December 25, 1989. He was dismissed after an enquiry had been held. The dismissal was on February 3, 1990.
(2.) THE matter having been taken to the Labour Court under Section 2-A of the Industrial Disputes Act, the Labour Court found that the enquiry had not been conducted in accordance with the principles of natural justice, and it permitted the management to adduce evidence before it in support of the charges. Three witnesses were examined. The first witness for the management was the victim of the petitioner, one of the other witnesses M. W. 2 was a co-worker, and the third was also a co-worker.
(3.) AT Para. 9 of this award, the Labour Court referred to their evidence. It is useful to set out the same: