VINEET KOTHARI
KIRLOSKAR FERROUS INDUSTRIES LTD. – Appellant
Versus
K. SHIVARAMAPPA, S/O. SRI. DODDANINGAPPA – Respondent
1. The petitioner, Kirloskar Ferrous Industries Ltd. (KFIL) has filed these writ petitions under Articles 226 and 227 of the Constitution of India, against four respondents-workmen, Sri. K Shivaramappa and three others, aggrieved by the impugned order passed by the learned Industrial Tribunal, Hubli on Serial Application Nos.2 to 5 of 2007 in an already pending Dispute vide KID No.2/2006, whereby the learned Industrial Tribunal, while keeping the aforesaid Serial Applications filed under Section 33(2)(b) of the Industrial Disputes Act, 1947(for short, ‘the Act’) read with Rule 61(2) of the Industrial Disputes (Karnataka Rules) 1957, as pending, itself suo-motu raised a preliminary issue and held against the petitioner Management that the Domestic Enquiry against the respondents workmen was not fair and proper.
2. The facts leading to the filing of these writ petitions are as under:
The respondents workmen were served with charge sheets of habitual absenteeism on 15.06.2006, to which the respondents workmen filed their explanation on 29.07.2006. Not satisfied with the explanation, the petitioner Management decided to hold an enquiry on 1.5.2006. An advocate of Hubli, outsider t
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