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2011 Supreme(Ker) 922

PIUS C.KURIAKOSE, K.HARILAL
Jet Airways (India) Limited – Appellant
Versus
Labour Court – Respondent


Advocates Appeared:
For the Petitioner:E.K. Nandakumar, A.K. Jayasankar Nambiar, K. John Mathai, P. Benny Thomas, P. Gopinath Menon, Advocates.
For the Respondents:P.K. Vijayamohanan, M.K. Damodaran, Advocates, C.R.Shyamkumar, Senior Government Pleader.

Judgment :

K. HARILAL,J

1. The principles of ‘Natural Justice’, its violation causing prejudice and civil consequences to a worker who suffered dismissal in the domestic enquiry proceedings are the issues that loom large before us in this Writ Appeal.

2. This writ appeal is directed against the judgment under challenge passed by the learned Single Judge of this Court in W.P(C) No.24324/2005 filed by the appellant herein. In the above writ petition the appellant challenged Ext.P4 preliminary order passed by the Labour Court, Kozhikode in IDC No.4/2002. The appellant was an employer and the 2nd respondent (contesting respondent) was a workman under him. Facts necessary for the consideration of this writ appeal can be summarized as follows:

3. The workman by name Mr.K.N.Suresh Kumar was employed as a Senior Security Assistant in the service of M/s. Jet Air Ways India Pvt. Ltd. at Calicut Airport. He was selected to undergo training at Bombay which was scheduled to be held on 16.5.2001. In that journey to Bombay, he boarded at Calicut Airport, at about 3 pm. on 15.5.2001. The Security Officer and Airport Manager, who were standing near the baggage screening machine, on suspicion that he


















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