MANAGEMENT OF THE KOHINOOR GLASS FACTORY LTD. Vs. INDUSTRIAL TRIBUNAL, ANDHRA PRADESH, HYDERABAD AND ANOTHER

JUDGEMENT

(1.) This is an application for the issue of a writ of certiorari to quash the award of the Industrial Tribunal given in I.D. 43/65 on 28-6-1966.

(2.) The relevant facts are: The Government of Andhra Pradesh referred a dispute by G.O. Ms. No. 1304, Home (Labour-I) Department, dated 25-6-1965, to the Industrial Tribunal, Hyderabad, for disposal. The issue was whether the dismissal of one Veeresham, an employee of the petitioner-Company, was justified, and if not, to what relief he is entitled This Veeresham was an Assistant Fitter in the Factory. He was charge-sheeted by the company on various counts, in particular, for misbehaviour and using abusive language against the Director of the Company. Veeresham, the 2nd respondent herein, filed his explanation. Upon an enquiry, the Domestic Tribunal came to the conclusion that all the charges levelled against the employee were proved; and consequently Veeresham was dismissed from service by the petitioner. It is this dispute that was referred to the Industrial Tribunal.

(3.) It appears that the Industrial Tribunal recorded some evidence. By its award, which is now impugned, it found that the Management had decided to victimise Veeresham so that they may be rid of a perpetual nuisance, and consequently, held that the dismissal of Veeresham was not justified. Since Veeresham could not be reinstated, as the company itself had come into trouble, Veeresham was found entitled to his back wages and other reliefs and benefits from the date of his dismissal to the date when the company had closed its business. It is this award that is now impugned in this writ petition.