P.B.BAJANTHRI, J. - (1.) In the instant writ petition, the petitioner has assailed the award dated 28.2.2013 by which the Labour Court allowed the claim of the respondent-workman while holding that he is entitled to be reinstated in service with continuity thereof along with 50% back wages from the date of dismissal.
(2.) Learned counsel for the petitioner submitted that the respondent-workman was appointed as a Security Guard. On 01.04.1998 Thereafter, he was promoted to the post of Security Supervisor. While working as such, on certain allegations relating to disobedience of orders of his superiors, the respondent-workman was charge sheeted on 22.7.2004. The disciplinary proceedings concluded in imposing the penalty of dismissal from service on 31.1.2005. The respondent-workman raised an industrial dispute. Thus, the Labour Court while considering Reference No. R/9/06 passed the award. Feeling aggrieved by the award dated 28.2.2013, present petition has been filed.
(3.) Learned counsel for the petitioner submitted that the Labour Court framed the following issues:- "1. As per reference? OPWM 2. Whether the enquiry conducted by the management was not fair and proper as alleged? OPW 3. Whether the claimant is not a workman as defined under Section 2(a) of the Act? OPM 4. Relief." Having regard to the framing of issues, the Labour Court proceeded to decide issue No. 2 only. The Labour Court held that the Inquiring Officer was the Legal Adviser of the company, hence, no fair and impartial inquiry is expected from him. Thus, it was held that the inquiry proceedings are not in accordance with the procedure and fair and proper opportunity has not been given to the respondent-workman. The learned counsel contended that all the issues have not been considered. It is merely stated that the impartial inquiry is not forthcoming for the reasons that Legal Adviser of the respondent company was appointed that does not suffice to hold that the inquiry is not in accordance with law. Therefore, the award is liable to set aside. ;