SUDHIR POWER LTD Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) This Letters Patent Appeal is directed against 7/5/2022 passed by the learned Single Judge in whereby the learned Single Judge dismissed the writ appellant herein, i.e, Sudhir Power Ltd. the judgment dated WP(C) No.235/2021, petition filed by the appellant herein, i.e, Sudhir Power Ltd.

(2.) The facts, as gathered from the writ file, are that in the year 2018 an FIR came to be registered against respondents 5 to 10 herein on the allegation of alleged attack upon Senior Manager (HR) in the premises of the industrial unit of appellant. It is averred that thereafter Challan came to be filed against these respondents before the Court of learned Chief Judicial Magistrate, Samba, wherein respondents 5 to 10 are facing trial. It is averred in the appeal that meanwhile the management of the industrial unit also conducted detailed inquiry and, ultimately, on being found guilty the services of respondents 5 to 10 came to be terminated. Respondents 5 to 10 questioned the order of termination of their services before the learned Industrial Tribunal/Labour Court, Jammu/Srinagar.

(3.) During the course of the proceedings, the learned Tribunal framed the following three issues: