WELCOMGROUP SEAROCK Vs. KASHINATH IYER AND ANR

JUDGEMENT

(1.) This writ petition, filed under Articles 226 and 227 of the Constitution of India, challenges a re-visional order passed by the Industrial Court at Mumbai. The dispute between the parties concerns termination of the Respondent employee by the Petitioner management. The management had proposed termination of the Respondent on the ground that charges of misconduct against him were found proved in a domestic inquiry. The Respondent had filed a complaint of unfair labour practise in respect of the proposed termination, which complaint was dismissed by the Labour Court. The Industrial Court by its impugned order set aside that dismissal and directed the Petitioner to allow the Respondent (who had been terminated in the meanwhile) to resume duties with continuity of service and full back wages.

(2.) The facts of the case may be shortly stated as follows :

(3.) The Petitioner's challenge is based on several grounds. These include the following :