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SURAJ GOVINDARAJ
TTK Healthcare Ltd. – Appellant
Versus
P. V. Ravi, S/o Sri Venkatesha Naidu – Respondent
ORDER :
1. The petitioner is before this court seeking for the following relief:
2. The employer is engaged in the manufacture of ready to fry products and established a factory with around 60 workmen. The machinery installed are automatic requiring less manual operation and as such, the workmen are fully trained to operate the machines. The respondent was working as an Operator in the petitioner factory on G700 Gelatinizer mixing machine with the aid of a helper by name Annayachari.B.C.
3. On 10.9.2011, it is alleged that the respondent-workman tied a thin wire to the limit switch and allowed the contract worker N.Devaraj to clean the mixing machine. The contract worker while cleaning, touched the knob which started the machine and caused the accident resulting in instantaneous death of the contract worker.
4. It is alleg
Departmental proceedings and criminal case are based on identical and similar set of facts and charge in a departmental case against appellant and charge before criminal court are one and same.
The main legal point established in the judgment is that the findings of the Enquiry Officer must be logical and not perverse, and the departmental enquiry must be conducted in a fair and proper mann....
The dismissal of workmen based on a domestic enquiry must be justified, and the impact of acquittal in a criminal case on the charges in the domestic enquiry should be considered. Additionally, the a....
The main legal point established in the judgment is that the Labour Court has a duty to grant the employer the opportunity to lead evidence in support of the charges once the domestic inquiry is foun....
The absence of a fair opportunity to cross-examine witnesses renders a disciplinary enquiry invalid, and charges not substantiated by evidence cannot warrant dismissal.
Misconducts - Award Modified - Workman was earning by plying rickshaw since his dismissal i.e. from 1990, appropriate relief may be moulded in favour of workman by tilting balance -Workman be paid re....
Discipline and misconduct at the workplace justify dismissal; judicial review cannot re-evaluate evidence or findings of fact from disciplinary bodies.
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