THANJAVUR TEXTILES LIMITED Vs. B PURUSHOTHAM

JUDGEMENT

(1.) Leave granted.

(2.) This is an appeal against the judgment of the Division Bench of the Madras High Court, dated 9-1-1998 in Writ Appeal No. 433 of 1992. By that judgment the Division Bench dismissed the appeal filed against the judgment of the learned single Judge in Writ Petition No. 5846 of 1989, dated 13-12-1991. The brief facts of the case are as follows: The respondent Nos. 1 to 3 in this appeal were employees of the appellant-Company. On the ground of alleged misconduct, a domestic enquiry was conducted. The Manager of the Company had the enquiry conducted by an Advocate who apart from recording the evidence also submitted the findings against the employees in relation to the charges. Based on the said Enquiry Report and the findings the Manager passed an order of dismissal on 24-11-1980. Reference was sought by respondent Nos. 1 and 2 but the Government made reference in respect of respondent Nos. 1 to 3 to the Labour Court. The Labour Court by its award dated 28-4-1988 came to the conclusion that the reference made by the Government of Tamil Nadu was not valid in regard to all the respondents inasmuch as the reference was not sponsored by the Union of the Workmen. The Labour Court, however, also gave alternative findings on the merits of the case and held that the respondent Nos. 1 and 2 were guilty of misconduct but not the respondent No. 3. It also held that the respondent No. 3 was not entitled to any relief inasmuch as he had not sought for a reference.

(3.) Aggrieved by the aforesaid award refusing relief to respondent Nos. 1 to 3 the three workmen preferred a Writ Petition being Writ Petition No. 8846/1989 in the High Court.