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2000 Supreme(SC) 1132

S.RAJENDRA BABU, SHIVARAJ V.PATIL
Hindustan Zinc LTD. – Appellant
Versus
Industrial Tribunal – Respondent


(1) CHALLENGING the award made by the Industrial Tribunal holding that the dismissal of the respondent-workman as illegal and directing his reinstatement with continuity of service and full back wages and all other attending benefits, a writ petition was preferred, m the writ petition, learned Single Judge who disposed of the matter, noticed that the Tribunal had Upheld the validity of the enquiry ending with the termination of the service of respondent no. 2. However, on merits, the High Court reached the conclusion that the charges/allegations made against the concerned workman are not proved/The High Court without examining the contentions regarding the correctness of the conclusion reached by the Tribunal; firstly, as to the scope of interference when the validity of the domestic enquiry had been upheld and secondly, on merits of the matter, decided the writ petition. The High Court noticed that the order made under Section 17-B of the Industrial Disputes Act, 1947, had not been complied with and therefore, there was no necessity to go into the merits of the case.! This conclusion is rather surprising. The High Court ought to have dealt with the merits of the case and d

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