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2003 Supreme(Del) 159

HARI NANDAN PRASAD – Appellant
Versus
PRESIDING OFFICER – Respondent


Advocates Appeared:
AJAY KUMAR, GAURAV KUMAR, Hemant Arya, R.K.SAINI

S. K. MAHAJAN, J.

( 1 ) WITH the consent of the parties, the matter has been heard and disposed of by this order.

( 2 ) THE services of the petitioner were terminated after holding an enquiry into the charges levelled against him by the management. On a dispute being raised by the workman, the appropriate Government made a reference of the industrial dispute to the Labour Court for adjudication in accordance with law. The management in its written statement filed before the Labour Court had taken a specific plea that in case the enquiry conducted by the management was set aside, an opportunity should be given to the management to prove the allegation of misconduct in Court. The Labour Court on 8. 12. 2000, passed an award holding that there was a clear violation of the principles of natural justice while holding the enquiry and the enquiry was, accordingly, set aside and as a consequence thereof the workman was held to be entitled to reinstatement with continuity of service and with full back wages. On 14. 12. 2000, the Labour Court took up the file suo-moto and noticed that the management having taken a plea in the written statement to prove the misconduct in Court, an opportunity





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