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MANISH CHOUDHURY
Workman Sri Simanta Kataky of Koomtai Tea Estate – Appellant
Versus
Management of Koomtai Tea Estate – Respondent
| Table of Content |
|---|
| 1. the initiation of a domestic enquiry and its process. (Para 1 , 2 , 5) |
| 2. legal standards and rights regarding failure to conduct a proper domestic enquiry. (Para 9 , 12) |
| 3. judicial review of the labour court's actions and juristic principles. (Para 14 , 20 , 26) |
| 4. the importance of validating domestic enquiry findings before assessing merits. (Para 18 , 22 , 24) |
JUDGMENT :
MANISH CHOUDHURY, J.
1. The present writ petition under Article 226 of the Constitution of India is preferred by the Workman of M/s Koomtai Tea Estate to assail an Award dated 31.12.2010 passed by the learned Labour Court, Dibrugarh in Reference Case no. 10/2007. By the Award dated 31.12.2010, the learned Labour Court, Dibrugarh [‘the Labour Court’, for short] has decided the two issues framed in the Reference notification dated 17.07.2007 in favour of the Management of M/s Koomtai Tea Estate and by deciding the two issues against the petitioner-Workman, the learned Labour Court has held that the Management of M/s Koomtai Tea Estate was justified in dismissing the services of the petitioner-Workman w.e.f. 12.04.2005 and that the petitioner-Workman would not be entitled to the relief of reinstateme
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