JUDGEMENT
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(1.) The workman has filed this writ petition under Articles 226 and
227 of the Constitution of India with a prayer for quashing the award dated
10.7.2000 (Annexure P1) passed by the Labour Court, whereby the
reference made by the Government with regard to justifiability of the
termination of the services of the workman by the management was
answered against the workman.
(2.) I have heard the learned counsel for the parties and gone
through the impugned award.
(3.) In this case the workman was working as Helper with
respondent No.2 company and was performing the duties of
Electrician-cum-Generator Operator. On 30.8.1993 his services were terminated on the
basis of the enquiry report submitted by the Enquiry Officer. The domestic
enquiry was held against the petitioner on the allegation that due to his
negligence the generator set was damaged as it was started without checking
the oil and water level which resulted into huge loss to the management. It
has been held by the Labour Court that the domestic enquiry conducted by
the management in which the alleged misconduct was proved, was fair and
proper. In the said enquiry, due opportunity of hearing was provided to the
petitioner to defend himself and after supplying the copy of the Enquiry
Report and providing opportunity of hearing his services were terminated.;
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