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1999 Supreme(SC) 392

S.P.BHARUCHA, D.P.MOHAPATRA
Depot Manager, A. P. State Road Transport Corporation – Appellant
Versus
P. Basha – Respondent


ORDER

1. Leave granted.

2. The order under challenge was passed on a writ petition filed by the respondent workman. The writ petition was filed in the following circumstances :

The workman was dismissed from the service of the appellant. The validity of the dismissal was in issue before the Labour Court. The Labour Court initially decided in favour of the workman. The order of the Labour Court was challenged in a writ petition (WP No. 7360 of 1987) before the High Court. The High Court then remitted the matter to the Labour Court directing it to frame an issue as to whether the domestic enquiry against the workman had been properly conducted and, if the finding was against the employer Corporation, then the Corporation was at liberty to adduce evidence, if it so chose, whereafter an award could be made. Pending the disposal of the writ petition, however, the Corporation was directed to implement the award and the reinstatement of the workman was recorded.

3. On remand, the Labour Court held that the Corporation was justified in removing the workman from service for proved misconduct under the various charges levelled against him and proved by the Corporation. This order of the Lab










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