MAHALAKSHMI SUGAR MILLS COMPANY LTD. Vs. PRESCRIBED AUTHORITY/LABOUR COURT
HIGH COURT OF UTTARAKHAND
Mahalakshmi Sugar Mills Company Ltd.
Prescribed Authority/Labour Court
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B.S. Verma, J. -
(1.)THE writ petition is admitted.
(2.)THIS writ petition has been preferred for quashing the order dated 25 -2 -1995, whereby the learned Presiding Officer, Labour Court has held that the termination of services of the workman from 9 -5 -1989 was not legal and it was ordered that the workman be reverted to some lower grade post from that date.
Relevant facts of the case giving rise to the present writ petition are that the Respondent No. 2 was working as yard supervisor in the establishment of the Petitioner since 1981. According to the workman, on 13 -3 -1989, he was charge -sheeted, but there was no specific charge in the charge -sheet and ultimately he was removed from service w.e.f. 9 -5 -1989 by the employer. Consequently, an industrial dispute was raised for adjudication by the Labour Court.
(3.)THE workman has contended that he was removed from service in an arbitrary manner and against the principle of natural justice without conducting a proper and fair enquiry. He prayed that he be reinstated in service with full back wages. The employer -Petitioner filed its written submission and admitted the employment of the workman as Cane -yard Supervisor. He was charge -sheeted and accordingly he was placed under suspension. After domestic enquiry, the workman was removed from service w.e.f. 9 -5 -1989.
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