MANAGEMENT OF DUNLOP INDIA LTD Vs. S GANESAN

JUDGEMENT

(1.) THE writ petition is filed challenging the order of the Labour Court, Madras in I. D. No. 138 of 1987, dated August 31, 1990.

(2.) THE first respondent is an employee of the writ-petitioner. The short facts leading to the filing of the writ petition are as follows: The first respondent was employed as an operator of the General Stores Section and on October 10, 1981 a chargesheet was issued to him wherein it was alleged as follows:-

(3.) THE first respondent by a letter, dated October 12, 1981, requested one week time to file his reply to the said charges levelled against him. On October 20, 1981, the first respondent sent his reply to the charges levelled against him denying the charges levelled against him. On October 30, 1981, the writ-petitioner issued an enquiry notice for holding an enquiry with reference to the charges framed against him. On July 7, 1981, the Security Manager of the petitioner-company was present and the first respondent was also present. The first respondent was permitted to appear through his representative. The enquiry was adjourned to November 12, 1981. On November 7, 1981, the management furnished the list of witnesses to be examined on their side and the list of the documents was furnished. The management also furnished the reports of six persons as the documents which the management intended to rely upon during the course of enquiry. They also furnished a list of witnesses to be examined on the side of the management. The enquiry was held on the basis of the documents furnished to the first respondent. The first respondent was also given opportunity to participate in the enquiry and there is no dispute that he has availed of the same.