LAWS(MPH)-2017-11-161

GENERAL MANAGER Vs. RAVI KUMAR JHA

Decided On November 02, 2017
GENERAL MANAGER Appellant
V/S
Ravi Kumar Jha Respondents

JUDGEMENT

(1.) Shri P. Shankaran, learned counsel for the petitioner. Shri J.K. Bhattacharya, learned counsel for respondent.

(2.) With consent of learned counsel for the parties the matter is finally heard.

(3.) Petitioner takes exception to order dated 7.3.2016 passed by Central Government Industrial Tribunal cum Labour Court (the Labour Court); whereby, while dwelling on the preliminary issue as to whether the enquiry conducted against respondent workman is proper and legal, the Labour Court has held it to be vitiated and has directed the petitioner to prove misconduct alleged against the workman by adducing evidence. The Labour Court is in seisen with under Section 10 of Industrial Disputes Act, 1947 as to whether the compulsory retirement of respondent workman is proper and if not what relief he is entitled for?