MANAGEMENT OF THE NIZAMABAD DISTRICT CO OPERATIVE MARKETING SOCIETY LIMITED NIZAMABAD Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The Management of the Nizamabad District Co-operative Society Limited, Nizamabad has filed this writ petition under Article 226 of the Constitution of India to call for the records relating to the order of the State of Andhra Pradesh in G.O. Ms. No. 137, Home (Labour) Department, dated 12th February, 1973 and the Award of the Labour Court in I. A. No. 80 of 1971 dated 9th October, 1972 and quash the same in the following circumstances,

(2.) The 3rd respondent Shaik Hyder was employed as a driver by the petitioner-society in 1967. The employees of the Society had formed a union sometime in the year 1970 and the 3rd respondent was one of its active workers. On 11th March, 1971 the petitioner framed certain charges against the 3rd respondent and placed him under suspension. On 17th March, 1971 the charge-sheet was issued to the third respondent by the petitioner containing five charges which are as follows :-

(3.) The employees' union took up the cause of the third respondent and raised an industrial dispute and the Government referred the matter in G. O. Ms. No. 1936, dated 21st December, 1971 for adjudication of the dispute by the Labour Court, Hyderabad. The issues referred were : 1. Whether the dismissal of Sri Shaik Hyder is justified? 2. If not, to what relief he is entitled? The Labour Court took up the matter as Industrial Dispute No. 80 of 1971 Before the Labour Court also no oral evidence was adduced but only documents were filed by the management and the workman. The Labour Court framed the following points for consideration :