SWADESHI COTTON MILLS LTD Vs. LABOUR COURT IV

JUDGEMENT

(1.) By means of present writ petition, the petitioner-employer has challenged the award dated March 20,1996, passed by Labour Court IV, U.P., Kanpur in Adjudication Case No. 142 of 1993, Annexure-16 to the writ petition.

(2.) The facts leading to the filing of present writ petition are that the State Government vide its order dated August 10, 1983 referred the following dispute under Section 4-K of the Industrial Disputes Act, 1947 for adjudication before the Labour Court, IV, U.P., Kanpur, the respondent No. 1 in the present petition.

(3.) It is submitted that the employer and the workman concerned have exchanged their written statements and adduced their evidences and argued the matter before the Labour Court. In the written statement of the workman it has been stated that the workman was appointed as permanent weaver in the establishment of the employer. It is further submitted that a notice was published against the workman in daily newspaper 'Dainik Jagaran' that since August 26, 1981 the workman is absenting himself without any sanctioned leave and on the basis of the aforesaid charge without affording any opportunity and without asking for any explanation, an enquiry officer was appointed. After the appointment of the enquiry officer, the workman concerned has requested that he may be permitted to be represented by an: authorised representative, but the same was denied by the employer. The statement of two witnesses recorded on behalf of the management/employer on February 15, 1982 has also not been supplied to the workman, nor the workman was allowed to cross- examine the said witnesses and his services were terminated on March 31, 1992 without giving him any opportunity and without holding any enquiry in accordance with the principles of natural justice and the report of the enquiry officer, if any, was neither fair nor proper.