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2017 Supreme(Ker) 1231

A.K.JAYASANKARAN NAMBIAR
AMRITAINSTITUTE OF MEDICAL SCIENCES [AIMS] – Appellant
Versus
LABOUR COURT, ERNAKULAM, KOCHI – Respondent


Advocates Appeared:
FOR THE PETITIONERS: K. SRIKUMAR, SRI. K. MANOJ CHANDRAN, SRI. P.R. AJITHKUMAR, SRI. S.A. MANSOOR (PATTANAM), SRI. P.V. THOMAS, KUM. ANAGHA LAKSHMY RAMAN
FOR THE RESPONDENTS: SMT. JASMIN. M.M, SRI. A. JAYASANKAR, SRI. MANU GOVIND, SRI. ASHWIN SETHUMADHAVAN, SMT. B. MEERA, SRI. S. SABARINADH

JUDGMENT :

The petitioner has approached this Court aggrieved by Ext.P4 preliminary order passed by the Labour Court in I.D.No.25/2015, pursuant to a dispute raised, at the instance of a workman under Section 2A(2) of the Industrial Disputes Act. The dispute raised by the workman was in connection with the termination of his service on the ground of an alleged misconduct that was proved against him, in a domestic enquiry conducted by the management. In Ext.P4 order, the Labour Court, which considered the issue of validity of the enquiry as a preliminary issue, proceeded to find that the enquiry conducted by the Enquiry Officer was vitiated by the principles of natural justice, and, hence, was liable to be set aside. It is against the said preliminary order that the petitioner management has chosen to approach this Court under Article 227 of the Constitution of India.

2. I have heard the learned counsel for the petitioner and also the learned counsel for the respondent.

3. On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I find from a perusal of Ext.P4 order that the petitioner management had, in their written statement filed be


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