- (1.) This petition arises out of an award of the Labour Court in favour of respondent-workman who had been served two charge-sheets in a domestic enquiry and two separate orders were passed on 21st April, 2001 terminating his services. The first charge was relating to unauthorized absence and the second charge was in relation to misbehaviour.
(2.) The proceedings in the domestic enquiry culminated in the orders passed on the ground that so far as absence without leave is concerned the defence set up by the respondent-workman was false and the evidence indicated that he was habitual of unauthorized absence without information. On the issue relating to misbehaviour, the respondent-workman was found to have indulged into using unparliamentary language and forcing his superiors to record his unauthorized absence in the attendance register.
(3.) The industrial dispute was raised and the employers, who are the petitioners herein, filed their written statement also bringing on record the material that was available with them in relation to the domestic enquiry to demonstrate that the enquiry was just and proper and even otherwise the punishment order was valid.;