S KUMARAN Vs. PRESIDING OFFICER

JUDGEMENT

(1.) THE above Writ Petition has been filed by the petitioner praying to issue a Writ of Certiorari to call for the records from the file of the first respondent in I. D. No. 735 of 1991 and quash the Award dated 22. 11. 1996 thereby rejecting the claim of the petitioner for reinstatement in service with backwages, with continuity of service and with all other attendant and consequential benefits.

(2.) THE case of the petitioner is that he joined the services of the second respondent in the year 1982; that he was terminated from service on 4. 2. 1991 without any valid reason; that by a letter dated 12. 3. 1991, he requested the second respondent for reinstatement; that he has also raised an Industrial Dispute against his non-employment under the Industrial Disputes Act; that the second respondent, without giving any reply to his letter dated 12. 3. 1991 has filed its remarks before the Conciliation Officer to the effect that the petitioner had abandoned services on his own accord and it is not a case of termination of service; that upon failure of conciliation proceedings, he moved the Labour Court under section 2a (2) of the Industries Disputes Act, which was taken on file as I. D. No. 735 of 1991 by the first respondent.

(3.) THE further case of the petitioner is that the second respondent, in their counter statement filed before the first respondent, developed a new case by stating that the petitioner was dismissed from service by their letter dated 4. 3. 1991 after holding a domestic enquiry; that the first respondent having examined the petitioner as W. W. 1 and having marked four documents on the side of the petitioner, further having examined one witness on the side of the second respondent as M. W. 1 and having marked 14 documents and having considered the oral and documentary evidence placed before it, has passed the impugned Award on 22. 11. 1996 dismissing the Industrial Dispute holding that the petitioner is not entitled to any relief. Aggrieved by the said Award, the petitioner has come forward to file this writ petition praying for the relief extracted supra.