MANAGEMENT OF ENGLISH ELECTRIC COMPANY OF Vs. PRESIDING OFFICER LAHOUR COURT

JUDGEMENT

(1.) THE second respondent herein was an employee of the petitioner-company and on 9th April, 1969, the following six charges were levelled against the second respondent: It has been reported against you:

(2.) IN addition to alleging these charges against the second respondent the charge-sheet proceeded to state; You are, therefore, called upon to show cause in writing within two days of receipt of this charge-sheet, why disciplinary action should not be taken against you for the following misconducts.

(3.) THE second respondent submitted his explanation and an enquiry was conducted and the enquiry officer dropped charges Nos. 1 and 4 and held the petitioner guilty of the other four charges. On the basis of the enquiry officer's report, the second respondent was discharged from service by an order, dated 11th June, 1969. This discharge of the second respondent gave rise to an industrial dispute and the Government in G. O. R. No. 404, Labour Department, dated 27 the February, 1970, referred the non-employment of the second respondent for adjudication to the Labour Court, Madras. The Labour Court by its award, dated 6th September, 1971, in Industrial Dispute No. 38 of 1970 held that the second respondent should be reinstated without any emoluments but with continuity of service. It is to quash this award of the Labour Court, the present writ petition has been filed by the Management.