SUGAR MILLS LTD Vs. PRESIDING OFFICER

JUDGEMENT

(1.) Aggrieved by the award dated 22.8.1995 passed by the Labour Court- II. Faridabad, the petitioner has filed this petition and has prayed for quashing of the award.

(2.) The only point which has been urged by the learned counsel for the petitioner is that the Labour Court has acted illegally in directing reinstatement of the workman without giving an opportunity to the petitioner to substantiate the allegation of misconduct levelled against the workman. Shri Walia placed reliance on the judgments of the Supreme Court in Delhi Cloth and General Mills Ltd. versus Ludh Budh Singh, 1972 AIR(SC) 1031, Workmen of M/s Firestone Tyre and Rubber Co. Ltd versus The Management,1978 AIR(SC) 1227and Desh Raj Gupta versus Industrial Tribunal IV Lucknow, 1990 AIR(SC) 2174.

(3.) Learned counsel for respondent no.2 supported the impugned order and submitted that the Labour Court has amply protected the rights of the petitioner to hold a fresh domestic enquiry against the workman.