R THIRUNAVUKKARASU Vs. LABOUR COURT

JUDGEMENT

(1.) THIS petition has been filed for Writ of Certiorarified Mandamus to call for the records relating to the order of the first respondent in I. D. No. 218 of 1993 dated 20. 6. 1995 as published in the Tamil Nadu Government Gazette, confirming the dismissal of the petitioner from the service of the second respondent, quash the same and direct the respondent to reinstate the petitioner in the second respondent company with full backwages and all attendant benefits from 25. 3. 93.

(2.) HEARD Mr. R. Saravanakumar, learned counsel appearing for the petitioner and Mr. N. Jawahar, learned counsel appearing for the second respondent. It is represented that the management of the second respondent, viz. M/s. Aruna Sugars and Enterprises Ltd. , had been taken over by the third respondent, viz. ,Shree Ambiga Sugars Ltd. in the year 1999 and though vakalat has been filed on behalf of the third respondent, it was subsequently withdrawn and now, there is no representation on behalf of the third respondent.

(3.) 00 p. m. , because of which electrical sparks emanated and fell on the gunny bags, resulting in the outbreak of fire in the factory. The petitioner submitted his explanation and an enquiry was conducted, during which, five witnesses were examined on the side of the Management, of whom, one Karuppaswamy, assistant of the writ petitioner/delinquent, was examined as M. W. 4 and one Rajangam, who claimed to be the eye witness to the occurrence and who lodged the complaint, was examined as M. W. 5. According to the Management, when they enquired Karuppaswamy, the assistant of the writ petitioner/delinquent, as to the cause of accident, he had told them that the delinquent was the person who pulled the wire. But, on the other hand, the said Karupuswamy, when cross-examined by the writ petitioner/delinquent, had given a negative reply. After a full-fledged enquiry, the enquiry officer, in his report dated 13. 5. 1993, had given a finding as follows:-