S M B ESWARAN AUTHORISED Vs. S KALIAMOORTHY

JUDGEMENT

(1.) W. P. No. 10884 of 1987 is for quashing the order dated 21. 7. 1987 passed by the Presiding Officer, I Additional Labour Court, in I. D. No. 43 of 1983.

(2.) W. P. No. 6103 of 1988 is for certiorated mandamus calling for the records from the Presiding Officer, I Additional Labour Court relating to the Award in I. D. No. 43 of 1983 dated 21. 7. 1987, and to direct the second respondent to reinstatement petitioner in service and to pay backwages and other benefits.

(3.) LEARNED counsel for the employee raised several contentions. First he contended that the Labour Court has placed the harden upon the employee by directing him to lead evidence. When there was no domestic enquiry. Secondly he contended that the charges framed against the employee were very, vague. He also contended that the finding of the Labour Court that the Union had no locus standi is erroneous. Yet another finding of the Labour court that the employee ought to have resorted to the proceedings under the shops and Establishments Act and not to the Labour Court is also not correct.