INDIA JUTE CO LTD Vs. EIGHTH INDUSTRIAL TRIBUNAL
LAWS(CAL)-1976-4-38
HIGH COURT OF CALCUTTA
Decided on April 02,1976

INDIA JUTE CO LTD Appellant
VERSUS
EIGHTH INDUSTRIAL TRIBUNAL Respondents


Referred Judgements :-

DELHI CLOTH AND GENERAL MILLS LTD. V. LUDH BUDH SINGH [REFERRED]
COOPER ENGINEERING LIMITED VS. P P MUNDHE [REFERRED]


JUDGEMENT

- (1.)This Rule, under Article 226 of the Constitution, is directed against the order no. 23 dated June 23,1975 passed by the Eighth Industrial Tribunal.
(2.)The petitioner filed an application before the Eighth Industrial Tribunal under Section 33 (2) (b) of the Industrial Disputes Act, 1947 in connection with G. O. No. 3522-IR, dated 26-6-72 seeking approval to the dismissal of Sri Saudhu, a workman of the petitioner, on the ground of misconduct. The misconduct alleged was that the workman had slapped the Time-keeper in the presence of other workers. The alleged incident took place on 4-10-73 and on the same day the workman was charge-sheeted. The workman submitted an explanation on 8-10-73 denying the allegation made against him. A domestic enquiry was held in which it was found that the workman was guilty and was dismissed with effect from 12-11-73. A month's wages, according to the petitioner, was paid to the workman and thereafter the said application was presented before the Industrial Tribunal on 12-11-73.
(3.)The workman appeared on receipt of the notice and filed a written statement challenging the action taken by the petitioner against him. He also denied the allegations and the charges made against him. One of the contentions raised by him was that the domestic enquiry was bad in law inasmuch as he was not given proper opportunity to defend himself in the said proceedings.
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