ABDUL GANI KHAN Vs. COAL INDIA LTD, THROUGH ITS CHAIRMAN
LAWS(JHAR)-2010-8-128
HIGH COURT OF JHARKHAND
Decided on August 04,2010

ABDUL GANI KHAN Appellant
VERSUS
COAL INDIA LTD, THROUGH ITS CHAIRMAN; CHAIRMAN CUM MANAGING DIRECTOR, BCCL, DHANBAD Respondents

JUDGEMENT

- (1.) Heard the learned counsel for petitioner and learned counsel for the respondent management.
(2.) Learned counsel for petitioner submits that the impugned order, annexure6 by which the learned Presiding Officer, Industrial Tribunal, Dhanbad has held that the dismissal of the petitioner, Abdul Gani Khan by the management is justified is bad because in absence of any inquiry with regard to the finding of misconduct on the part of workman, the order of dismissal is bad in law and fit to be set aside. He has relied upon the judgment reported in 2001(3) J.C.R. page 555.
(3.) On the other hand, learned counsel for the respondent management has submitted that there is no question of dismissal of the workman on inquiry or without any inquiry, since the workman has been dismissed as per the certified standing order no.28, the provision of summary dismissal by the Chairman or Managing Director of the company for reasons to be recorded in writing that it is expedient or against the interest of the security to continue to employ the workman.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.