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1995 Supreme(SC) 916

B.L.HANSARIA, K.RAMASWAMY
Palghat Bpl And Psp Thozhilali Union – Appellant
Versus
Bpl India LTD. – Respondent


Advocates:
D.N.Mishra, L.J.VADAKARA, N.B.SHETYE, O.C.MATHUR

JUDGEMENT

O R D E R

Leave granted

The appellant is a trade union espousing the cause of three workmen, viz., V. Rajamanicham, N. Raghavan and M. Prabhakaran. The undisputed facts are that while the workmen were on strike, the management suddenly backed out from the settlement in reconciliation proceedings. As a consequence, the workmen started strike. On March 14, 1983, while the said workmen were standing at BPL Bus Stop on Pollachi Road, National Highway Diversion, they sighted the officers passing through the way and assaulted N.V. Subramanian and others. It is the case of the management that Rajamanickam, Raghvan and others threw stones and one of the stones hit Subramanian on the head and on the upper part of the right hand causing grievous injuries. It is also their case that Prabhakaran hit Subramanian with a stick. Thereafter, the management issued show cause notice to the said workmen on March 21, 1983 alleging that the appellants had committed misconduct. The appellants denied the allegations and submitted their reply on March 25, 1983. On consideration of the reply, a charge-sheet was issued to the appellants on April 12, 1983 and an enquiry officer was appointed who submit








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