SELVARAJ R Vs. MANAGEMENT OF AMALGAMATIONS REPCO LTD

JUDGEMENT

(1.) THE appellant, who was working as a machine operator in the first respondent-company, was dismissed from service for continuous and wilful refusal to do work as per the terms of the employment and persistent indiscipline. The workman raised an industrial dispute. Before the Labour Court, the main contention raised by the workman was that the dismissal was ordered without holding any domestic enquiry. The Labour Court passed an award directing reinstatement with back-wages, continuity of service and other benefits. This was challenged by the manage-ment in the writ petition. The learned single Judge set aside the award of the Labour court, Holding that the order of termination was valid and regards compensation, the learned single Judge held that in view of the fact that the appellant had received the Section 17-B wages and was also permitted to withdraw rs. 50,000 together with quarterly interest on the sum of Rs. 1,50,000 deposited by the management, any further payment to the workman, considering his conduct, would amount to over indulgence. Against this, the present writ appeal has been filed.

(2.) THE learned counsel for the appellant would submit that when it is evident that there was no enquiry, that is sufficient to vitiate the order or termination and therefore, the learned single Judge ought hot to have set aside the award of the Labour Court.

(3.) WE have heard the counsel for both sides and gone through the records.