ASSAM SANGRAMI CHAH SRAMIK SANGHA Vs. PRESIDING OFFICER
HIGH COURT OF GAUHATI
Assam Sangrami Chah Sramik Sangha
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Michael Zothankhuma, J. -
(1.) Heard Mr. S. Das, learned counsel for the petitioner as well as Mr. A. Chakraborty for the respondent No. 1. Mr. K. Goswami, learned counsel appears for the respondent No. 2.
(2.) The present writ petition has been preferred in connection with the ex-parte Award No. 7/08/2010, passed by the learned Labour Court, Guwahati in Reference Case No. 4/2008, by which the learned Labour Court has upheld the dismissal orders issued to 9 workmen on the basis of a domestic enquiry, held by the Management.
(3.) The brief facts of the case is that due to the death of a labourer in a hospital on 05.09.2012, riots were started on 06.09.2012 by the labourers of Konduli Tea Estate. Subsequently, 10 labourers, including the petitioners hererin, were suspended vide order dated 24.09.2002. Charge-sheets were issued to the 9 workmen on 18.10.2002, listing 7 charges against them. The petitioners replied to the charge sheet dated 18.10.2002 vide reply dated 23.10.2002. Thereafter, the Manager of the Tea Estate issued notice of enquiry dated 12.11.2002 to the petitioners. An Enquiry Officer was appointed by the Manager of the Tea Estate on 17.12.2002 and a domestic enquiry was held.;
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