LAWS(ALL)-2002-9-132

NAGAR PALIKA PARISHAD BHADOHI Vs. LABOUR COURT VARANASI

Decided On September 06, 2002
NAGAR PALIKA PARISHAD, BHADOHI Appellant
V/S
LABOUR COURT, VARANASI Respondents

JUDGEMENT

(1.) -By this writ petition under Article 226 of the Constitution of India, the petitioner, Nagar Palika, Bhadohi, has challenged award dated 13.7.1995 in Adjudication Case No. 261 of 1989.

(2.) THE following reference has been made and in pursuance thereof, parties have exchanged their pleadings and evidences : ...[VERNACULAR TEXT OMMITED]...

(3.) THE labour court after considering the evidence on record have arrived at a conclusion that the domestic inquiry conducted by the employer against the workman was neither fair nor proper. THE workman was not afforded any opportunity to defend the charges levelled against him. On the basis of the aforesaid findings, the labour court fixed 10.5.1995 as the date for employer to prove the charges against the workman, but the representative of the employer has asked further time, i.e., 30.6.1995 and on 30.6.1995, the employer again did not prove the charges against the workman, nor any charges were proved before the labour court by the employer as prayed for by the employer.