HINDUSTAN AERONAUTICS LTD Vs. STATE OF U P

JUDGEMENT

(1.) SUNIL Ambwani, J. By an application dated 6-9-2001 submitted to Joint Registrar (Listing), brought on record Sri R. C. Thakur, Respondent No. 3, has requested and is granted permission to withdraw Vakalatnamas of counsels appearing for him in the matter, and to permit him to argue in person.

(2.) HEARD Ms. Bharti Sapru for petitioner and Sri R. C. Thakur Respondent No. 3 appearing in person.

(3.) THE Labour Court (5), Kanpur adjudicating the matter framed a preliminary issue on 17-5-1990 to the effect 'whether the domestic inquiry held by employer against concerned workman was proper and complied with the principles of natural justice? By an order dated 15-1-1993 the Labour Court held that the domestic inquiry was not proper and did not conform to the principle of natural justice. Aggrieved the petitioner challenged the order deciding the preliminary issue in its second Writ Petition No. 6494 of 1993, in which initially the proceedings were stayed on 12-3-1993 and thereafter by a judgment and order dated 18-9-1998 the writ petition was dismissed following the decision in D. P. Maheshwari v. Delhi Administration, AIR 1984 SC 153, observing that the writ petition against the decision of preliminary issue is not justified, and that the petitioner can challenge the said finding, if necessary, when the final award is challenged. THE writ petition was dismissed with cost assessed at Rs. 1,500. THE reference was transferred to Labour Court (I) Kanpur. After giving several opportunities to the employers to lead evidence, the Labour Court proceeded ex parte on 24-3-1999. On an application filed by petitioner, the Labour Court vide its order dated 5-5-1999 gave a fresh opportunity to the employers to lead evidence. Summons were obtained for making service on six witnesses by the employers to be served by dasti service. THEse were, however, sent by post, and were returned with endorsement of insufficient address. On 26-4-1999, the employers made a statement that they did not want to adduce any further evidence. A list of some documents were filed which were accepted on payment of costs. On 15-12-1999, the workman cross-examined Sri B. B. Tripathi, who was examined as a witness by employer. On 4-3-2000 workman was examined and was cross-examined, and that on 10-3-2000, after twelve years of reference, an application was made by the employers challenging the reference made by the State Government on the ground that the employers' establishment is in control of the Central Government.