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2009 Supreme(Mad) 1073

SUDHANSU JYOTI MUKHOPADHAYA, N.KIRUBAKARAN
The Management of Turbo Energy Ltd. – Appellant
Versus
Presiding Officer & Another – Respondent


Advocates Appeared:
For the Appellant :S. Ravindran for M/s.T.S. Gopalan & Co. , Advocates.
For the Respondents: ------.

Judgment :-

S.J. Mukhopadhaya,J.

1. The Management of M/s.Turbo Energy Limited (hereinafter referred to as the Management), which has unsuccessfully challenged the Award dated 2. 2008 in I.D.No.165 of 2004, has preferred this Writ Appeal against the order dated 211. 2008 passed by the learned single Judge in Writ Petition No.10349 of 2008.

.2. By the aforesaid preliminary Award, the Labour Court, Vellore held that the domestic enquiry conducted against the second respondent-workman was not fair and proper and directed the Management to prove the charges by letting in evidence before the Labour Court.

3. The learned single Judge, having noticed that there is allegation of obtaining signature in blank papers by the enquiry officer and as admittedly, the copies of the number of Management Exhibits, such as Exs.M-11 to M-14, were not furnished to the workman, held that the Labour Court was justified in giving a finding that the enquiry was not fair and proper and the learned single Judge affirmed the Award of the Labour Court.

4. Learned counsel appearing on behalf of the appellant-Management submitted that non-submission of those documents to the workman, had not caused any prejudic







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