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2024 Supreme(Gau) 834

KAUSHIK GOSWAMI
MANAGEMENT OF HINDUSTAN UNILEVER LTD. – Appellant
Versus
STATE OF ASSAM – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: B. DUTTA.

JUDGMENT :

KAUSHIK GOSWAMI, J.

1. Heard Mr. B. Dutta, learned Senior counsel assisted by Mr. J. Das, learned counsel for the petitioner. Also heard Mr. K.M. Haloi, learned counsel for the respondents.

2. By this petition under Article 226 of the Constitution of India, the petitioner is assailing the Order dated 04.07.2017 passed by the Presiding Officer, Industrial Tribunal, Dibrugarh, whereby, the domestic enquiry held by the management against the delinquient workmen has been held not to be proper.

3. The facts of the petitioner’s case is as follows:

    Four nos. of workers i.e. Sri Nirendra Barman, Shri Naba Gogoi, Shri Sanjib Moran and Shri Jintu Tamuli of the petitioner’s Company were dismissed by the management after holding a domestic enquiry. Thereafter, upon dispute being raised by the Union against the said dismissal orders passed by the management, conciliation proceedings were held and the same being failed, the dispute was referred to the Industrial Tribunal, Dibrugarh for adjudicating the reference under Section 10 of the Industrial Disputes Act (herein after referred as ‘the Act of 1947’) which is hereunder:

1. Whether the management of the Hindustan Unilever Limited (P.P.F)

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