SYNERGIES DOORAY AUTOMOTIVE LTD Vs. CHAIRMAN CUM PRESIDING OFFICER INDUSTRIAL TRIBUNAL CUM LABOUR COURT

JUDGEMENT

(1.) This Writ Petition is filed seeking a Certiorari to call for the records relating to the Order dated 2-5-2007 passed by the Industrial Tribunal-cum- Labour Court, Visakhapatnam in I.D.No.70 of 2005 and to quash the same as arbitrary and illegal.

(2.) Petitioner is the Management. Respondent No.2 is the workman.

(3.) It appears, 2nd respondent, while working as an Operator, was dismissed from service by an Order dated 24-3-2005. Aggrieved by the same, he raised an industrial dispute in I.D.No.70 of 2005 before the Industrial Tribunal-cum- Labour Court, Visakhapatnam. The Labour Court while examining the validity of the domestic enquiry conducted by the petitioner-Management, by an Order dated 2-5-2007, gave a finding that the domestic enquiry was vitiated rendering it invalid, mainly on the ground that before the 2nd respondent-workman could submit his explanation to the charge sheet, Enquiry Officer was appointed, which is not permissible under law. Challenging the same, the present Writ Petition is filed.