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2022 Supreme(Ker) 327

A.K.JAYASANKARAN NAMBIAR, MOHAMMED NIAS C.P.
Chelamattom Sree Krishna Swami Devaswom Trust Chelamattom – Appellant
Versus
State Of Kerala Represented By The Secretary To Government, Department Of Labour, Secretariat, Thiruvananthapuram – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.ALEXANDER JOSEPH, SRI.AKHILASREE BHASKARAN
For the Respondent: SRI.K.A.HAZAN, SRI.V.J.JAMES, SRI.M.M.FATHIMA JALEENA, SRI.K.P.WILSON BY GOVERNMENT PLEADER SRI.BIJOY CHANDRAN

JUDGMENT :

A.K.Jayasankaran Nambiar, J.

This Writ Appeal has been preferred by the Chelamattom Sree Krishna Swami Devaswom Trust, aggrieved by the judgment dated 28.02.2021 of the learned Single Judge in WP(C).No.2029 of 2021.

2. The brief facts necessary for the disposal of this Writ Appeal are as follows: The appellant/writ petitioner approached this Court through the Writ Petition aforementioned impugning Ext.P22 preliminary order of the Labour Court, Ernakulam that found that the enquiry report dated 10.08.2012, on the basis of which the management had proceeded against the delinquent workman, was vitiated on account of non-compliance with the rules of natural justice. Although in the said order, liberty to adduce fresh evidence to substantiate the charges against the workman before the Labour Court was not expressly reserved, we are told that the Labour Court was not averse to permitting the petitioner to adduce fresh evidence to substantiate the charges against the workman if it chose to do so, based on the liberty sought for the same in the written statement filed by them. As already noticed, it was before resorting to that course of action that the petitioner approached this C

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