LUBRIZOL INDIA LTD Vs. J G RODRIQUES

JUDGEMENT

(1.) This Letters Patent Appeal ('LPA' for short) arises from the Judgment and order of the learned Single Judge dated 9th January, 2007. By the said Judgment, the learned Single Judge while dismissing the Writ Petition held that the Industrial Court as well as the Labour Court were justified in holding that the enquiry conducted by the appellant / petitioner ('employer' for short) was not fair and proper.

(2.) In this case, the respondent No.1, a Stenographer ('workman' for short) was charge-sheeted on 2nd August, 1991 and on 30th September, 1991 on the ground of serious misconduct. An enquiry into the charge-sheet was held and on the basis of the enquiry report, the service of the workman was terminated on 28th May, 1993.

(3.) Thereupon the workman filed a compliant (ULP) No.279 of 1993 and by an order dated 20th December, 2005 the Labour Court held that the enquiry conducted by the employer was not fair and proper and that the findings are perverse. Revision application filed by the employer against the aforesaid decision of the Labour Court was dismissed by the Industrial Court on 20th July, 2006. The Writ Petition filed by the employer against the decision of the Industrial Court was dismissed by the learned Single Judge on 9/1/2007 with directions to the Labour Court to dispose of the complaint expeditiously and as far as possible within a period of 6 months. Challenging the aforesaid order, the present LPA is filed.