MANAGEMENT OF C. VELUSAMY NADAR TRANSPORTS, UDAMALPET, COIMBATORE DIST. Vs. SECRETARY, COIMBATORE DISTRICT MOTOR WORKERS UNION BRANCH, UDAMALPET REPRESENTING THE WORKERS EMPLOYED IN C. VELUSAMY NADAR TRANSPORTS, UDAMALPET AND ORS.

JUDGEMENT

(1.) THE legality of the award of the Labour Court, Coimbatore, in an industrial dispute which was referred to it is the subject matter of this writ petition which has been filed by the management.

(2.) THE petitioner, management in question is one which was conducting a transport undertaking. Gopal the second respondent in this petition was employed as a driver of a lorry in this undertaking.

(3.) THE functions of an industrial Tribunal in deciding a dispute as to whether an employer has properly terminated the services of an employee have been laid down by the Supreme Court in Indian Iron and Steel Co. v. : (1958)ILLJ260SC and the passage relevant in the present context is at p. 270 (of Lab LJ) : (at p. 138 of AIR) :