- (1.) This is a writ petition filed by the Management challenges the award of the Labour Court, Bokaro dated 30.12.2008 by which the Labour Court has set aside the punishment imposed upon the workman.
(2.) Two charges were levelled against the workman. With regard to one charge, it has been held in the impugned award in paragraph No. 25 that the Enquiry Officer did not find material against the workman for proving the 1st charge of "dishonesty in the Company's property". However, the Disciplinary Authority without issuing any notice to the workman or giving him an opportunity to represent against the proposed disagreement by the disciplinary authority with the Enquiry Officer's report in respect of the aforesaid charge found the workman guilty of both the charges vide office order dated 31.10.1997.
(3.) On the aforesaid ground the Labour Court has found the principles of natural justice having been violated and has accordingly set aside the finding. Learned counsel for the petitioner has argued that it was not necessary for the disciplinary authority to give any notice to the workman regarding the proposed disagreement with the Enquiry officer's report in respect of the aforesaid charge.;