MOOLCHAND KHAIRATI RAM HOSPITAL AND AYURVEDIC RESEARCH INSTITUTE Vs. SURAJ PRASAD
HIGH COURT OF DELHI
MOOLCHAND KHAIRATI RAM HOSPITAL AND AYURVEDIC RESEARCH INSTITUTE
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HIMA KOHLI, J. -
(1.) The petitioner has filed the present writ petition assailing the order dated 16th November, 2004 in OP No.12/2001, passed by the Industrial Tribunal- II.
(2.) An application was preferred by the petitioner under Section 33 (2) (b) of the Industrial Disputes Act, 1947 for seeking approval of its action of removing the respondent workman from service. In the course of proceedings before the Tribunal, after the pleadings were completed, a preliminary issue was framed on 2nd December, 2002 to the following effect: " Whether the management has held a valid and legal enquiry" (OPA)"
(3.) After hearing the parties and perusing the evidence on the record, the Tribunal came to the conclusion that as the petitioner did not have any Certified Standing Orders, the Model Industrial Employment Standing Orders were applicable to it which mandated that a workman shall be entitled to appear in person or to be represented by an office bearer of a trade union of which he is a member. While arriving at a finding that the respondent workman was deprived of his valuable right of representation, the Tribunal held that the enquiry proceedings were vitiated and accordingly the issue was decided against the petitioner.;
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