MANAGEMENT Vs. PRESIDING OFFICER

JUDGEMENT

(1.) AGGRIEVED against the award of the Labour Court, Tirunelveli passed in I.D.No.66/2002, dated 18.03.2008, the petitioner Management is before this Court.

(2.) THE Labour Court in its award set aside the order of dismissal passed against the 2nd respondent herein and directed the petitioner Management to reinstate the 2nd respondent in service with continuity and also to pay the wages for a period during which the petitioner was not given employment.

(3.) ACCORDING to the learned counsel, once the Labour Court has found that domestic enquiry conducted by the Management is not in accordance with the principles of natural justice, the Labour Court instead of setting aside the order of dismissal in toto, ought to have remitted the matter back to the petitioner Management for conducting a fresh enquiry against the 2nd respondent. Without doing so, the Labour Court was not justified in setting aside the order of dismissal, especially, when the 2nd respondent was punished based on 18 charges levlled against him, which were found to be proved by the enquiry officer in the domestic enquiry. He also contended that it is a case of misappropriation of essential commodities.