AMAR DYE-CHEM LIMITED Vs. M R BHOPE

JUDGEMENT

(1.) By this writ petition, the petitioners Amar Dye-Chem Limited, have challenged the award dated 9th February, 1989 of the First Labour Court, Bombay in a referennce under section 10(1) and 12(5) of the Industrial Dispute Act in respect of the concerned workmen. By the said award the Industrial Court decided against the petitioners the preliminary issue whether the enquiry was fair and proper against the petitioner and held that it was not fair and proper.

(2.) The facts of this case, briefly stated, are as follows :

(3.) A demand was made by the workmen for reinstatement in service. Ultimately the demand was referred by the Deputy Commissioner of Labour, Bombay to the Labour Court under sections 10(1) and 12(5) of the Industrial Disputes Act, 1947. One of the grounds of challenge to the order of dismissal on behalf of the dismissed workmen was that the enquiry was not fair and proper as they were denied sufficient opportunity to defend themselves. This controversy was decided as a preliminary issue by the First Labour Court, Bombay, who by its award dated 9-2-1989, held that the enquiry was not fair and proper. This was done mainly on three grounds. First, that the list of witnesses was not furnished to the charge-sheeted workmen. Second, day-to-day proceedings were given to the representative of the workmen and not to each individual workmen. Third, no reason was given by the Enquiry Officer as to why on 5th July, 1982 on being informed that the workmen representative would come at 2.00 p.m, it was not possible for him to wait till 2.00 p.m. The Labour Court held that the refusal to adjourn the enquiry amounted to violation of principles of natural justice. The employer has challenged the above award of the First Labour Court.