Anjani Kumar, J. - (1.) This petition under Article 226 of the Constitution of India has been filed by the petitioners-employer challenging the award of the Labour Court, Varanasi dated 29th August, 1997 passed in Adjudication Case No. 179 of 1989.
(2.) The following dispute was referred to for adjudication to Labour Court: respondent no. 2 is that he was appointed with the employer on 7th January, 1974 as Branch Manager and since then he was regularly working till 28th August, 1986 when he was suspended to the false allegations regarding embezzlement. No charge sheet has been served on him, no enquiry officer was appointed, no enquiry was conducted to the knowledge of the workman concerned. The workman received a notice to appear on 30th July, 1987 for enquiry . The workman presented himself but no enquiry was conducted nor any opportunity was given by the so called enquiry officer. It appears that some sort of enquiry report is obtained behind the back of the workman concerned and the workman concerned has not been supplied even the copies of the documents and records. It is on the basis of the exparte enquiry report, the services of the workman concerned has been terminated on 21st August, 1987. The workman raised the dispute which is referred to labour court which has answered the reference in favour of the workman, thus, this writ petition by employer.
(3.) The employer have also filed their written statement and stated that the workman has been afforded full opportunity and after enquiry services of workman has been terminated. The case set up by the employer is that the regular enquiry was conducted against the workman concerned and he was given full opportunity. It is only when the charges were proved in the enquiry, his services were terminated. The employer have further submitted that in case domestic enquiry conducted by the employer was found not to be in accordance with the principles of natural justice, the employer may be afforded an opportunity to prove the charges against the workman concerned before the labour court.;