HADIBANDHU MALLIK Vs. PRESIDING OFFICER, LABOUR COURT

JUDGEMENT

(1.) In this writ petition the award passed in Industrial Dispute Case No.14 of 1976 is under challenge whereby and where under the Presiding Officer, Labour Court has answered the reference against the opposite party - Workmen. The terms of the reference is :-

(2.) After the reference having been made to the Labour Court the parties have adduced their evidence and after going through the rival submissions and the documents produced before the Tribunal regarding answering the issue as to whether the dismissal of the petitioner is legal/justified, the Presiding Officer, Labour Court has formulated 9 issues for consideration, they are:-

(3.) The Presiding Officer after discussing the facts in detail has answered the issues based upon the documents and examination and cross-examination of the witnesses who have led their deposition, has held that the dismissal is justified. The Labour Court has taken into consideration the submission of the petitioner that on the ground of not giving second show cause notice before inflicting major punishment of dismissal, the order of dismissal will be vitiated in the eye of law, while dealing with the issue, the Labour Court has held that in the certified standing order which is binding upon the parties there is no provision to issue second show cause notice before penalty of dismissal and as such in absence of any provision as to the second show cause notice before the proposed punishment is imposed as has not been provided in the standing orders, the employer is not obliged to give such an opportunity to the delinquent workman.