SWADESHI COTTON MILLS Vs. LABOUR COURT

JUDGEMENT

(1.) This writ petition has been filed by the petitioner challenging the order dated 27.03.1997 as published in the official Gazette on 04.10.1997 passed by Labour Court (II) U.P., Kanpur, respondent no. 1.

(2.) The facts of the case, in brief, are that, the respondent no. 2, Prem Narain was working as Weaver in the petitioner establishment. He was transferred from one loom to another. He failed to carry out the order of transfer. He was issued a chargesheet on 09.08.1991 to which he submitted his reply on 13.08.1991. Departmental proceedings were initiated against the respondent no. 2/workman and thereafter by an order dated 31.10.1991, petitioner's services were terminated.

(3.) Aggrieved by the order dated 31.10.1991, the petitioner raised an industrial dispute which was registered as Adjudication Case No. 46 of 1993. As a preliminary issue, on the question as to whether termination of service of the petitioner was according to the principles of natural justice or not, the labour court vide its award dated 15.05.1996 held that the services of the respondent no. 2/workman were terminated illegally and in the departmental proceedings the principles of natural justice had not been complied with. This order was never challenged by the petitioner/Mills and the said order became final.