KARUNAKARAN N Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) THE writ petition is for the issue of a writ of certiorari calling for the records on the file of the Labour Court, Chennai, in I. D. No. 161 of 1987, dated November 13, 1990 and to quash the award passed by it.

(2.) THE writ petitioner was employed as a Junior Lab Assistant in the year 1971 in the second respondent company. According to the petitioner, on July 30, 1981, he was beaten by one V. Natarajan who was employed as chemist in the second respondent company and he reported the same to the supervisor and he gave two complaints against the said Natarajan on the same day, one to the General Manager and the other to Industrial Relations Manager. It seems that the said Natarajan also gave counter complaint against the petitioner. According to the petitioner, the second respondent instead of investigating both the complaints, proceeded to investigate the complaint given by the said Natarajan against the petitioner alone without taking any action on the complaint given against Natarajan.

(3.) IT is stated that the second respondent issued a chargesheet alleging that at about 10. 10 A. M. on July 30, 1981, the petitioner had beaten Natarajan on his left cheek with the notebooks found on the table. The petitioner submitted his explanation to the chargesheet on July 31, 1981. The second respondent conducted enquiry and six witnesses were examined. According to the petitioner, the enquiry conducted was not fair and proper as a copy of the complaint given by Natarajan was not furnished to the petitioner, nor did the second respondent furnish the list of witnesses. It is also stated that the enquiry officer cross-examined the petitioner and his witnesses. It is stated that the complainant was allowed to cross-examine the petitioner's witnesses and then the petitioner was asked to cross-examine his witnesses. It is stated that the enquiry officer on the basis of the enquiry held by him found the petitioner guilty of the charge levelled against him, and on the basis of the findings of the enquiry officer, the second respondent passed an order on September 2, 1981 dismissing the petitioner from service.