VIKRAM CEMENT Vs. LALIT KUMAR SAXENA

JUDGEMENT

(1.) By filing this writ under Article 227 of the Constitution of India, the petitioner assails the appellate order passed by the Industrial Court, Indore, M.P. in civil appeal No. 753 (M.P.I.R.)/2000 dated 3/04/2001, which in turn affirms the order of the Labour Court, passed in case No. 99 of 1993, dated 12/10/2000. Facts of the case lie in a narrow compass.

(2.) The respondent was working with the petitioner company since 1991. He was removed from service by the petitioner essentially on the ground of his long absence i.e. from 18/06/1992. His name was struck down from the attendance register.

(3.) This led to filing of an application by the respondent under Section 31 (3) of M. P. I. R. Act before the Labour Court, challenging his removal from service. In substance the termination order was challenged on the ground that it was passed behind the back of the respondent without serving him any charge-sheet and without holding any inquiry. It was also complained that the termination order is in contravention of Section 25-F of the Industrial Disputes Act, because if the petitioner wanted to terminate the respondent by way of retrenchment then, it was necessary for the petitioner to pay retrenchment compensation. It was also contended that respondent having completed more than six months of service, became entitled to all the protection available under the Labour Laws.