MANAGING DIRECTOR BRAKES INDIA LTD Vs. S PACKIARAJ

JUDGEMENT

(1.) THE Management of M/s. Brakes India Limited is the appellant herein. S. Packiaraj, the first respondent herein filed a writ petition challenging the order of the Assistant Commissioner of Labour, the second respondent herein, approving the action of the Management in dismissing the first respondent. The writ petition was allowed by the learned single Judge. Aggrieved by that, this writ appeal has been filed by the Management.

(2.) THE short facts leading to the filing of the appeal are as follows:

(3.) MR. C. Ramakrishnan, the learned counsel appearing for the appellant, would cite a number of authorities in order to point out that the learned single Judge ought not to have interfered with the order of granting approval on finding that there is a prima facie case, as it would amount to exceeding the jurisdiction vested in him under article 226 of the Constitution. The authorities are as follows: 1) U. P. STATE SPINNING CO. LTD. v. R. S. PANDEY (2005 (8) S. C. C. 264); 2) U. P. STATE BRIDGE CORPN. LTD. v. RAJYA SETU NIGAM S. KARAMCHARI SANGH (2004 (4) S. C. C. 268); 3) NATIONAL FERTILIZERS LTD. AND ANOTHER v. P. K. KHANNA (JT 2005 (8) S. C. 125); 4) MARTIN BURN, LTD. v. BANERJEE (1958 I L. L. J. 247); 5) BANGALORE WOOLLEN, COTTON AND SILK MILLS CO. v. DASAPPA (1960 II L. L. J. 39); 6) SRI RANGA VILAS G. S. AND WVG. MILLS v. I. T. (1959 II L. L. J. 78 6);