Dismissal without notice, enquiry, and opportunity to defend is contrary to the provisions of law and principles of natural justice.

1. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the second respondent.

2. This writ petition has been filed by the petitioner Company challenging the award of the second respondent Labour Court, dated 28. 2001, made in I.D.No.189 of 1999.

3. It has been stated that the first respondent had joined the petitioner Company at Coimbatore, on 183. While so, in the month of July, 1998, he had absented himself from duty without applying for leave and without obtaining the prior permission from the management of the petitioner Company. Thus, the first respondent was unauthorisedly absent from duty, from 98. After having been absent from duty for more than 15 days, he had reported for work only on 27. 98. Therefore, the management of the petitioner Company had taken a decision to terminate the first respondent from service for his unauthorised absence from work for more than 15 days. Accordingly, the first respondent had been served with the termination order, on 27. 98. Even though the first respondent had received the termination order without any protest and without seeking for a domestic enquiry, he had raised an industrial dispute before the second respondent Labour Court in I.D.No.189 of 1999. The second respondent Labour Court had set aside the termination order and directed the reinstatement of the first respondent with continuity of service, backwages and all other attendant benefits, by its award, dated 28. 2001. In such circumstances, the petitioner Company has filed the present writ petition before this Court, under Article 226 of the Constitution of India.

4. The learned counsel appearing on behalf of the petitioner had submitted that the award of the second respondent Labour Court, dated 28. 2001, in I.D.No.189 of 1999, is arbitrary, against the weight of evidence and the probabilities of the case. The Labour Court ought to have considered the fact that the first respondent had absented himself from duty for more than 15 days, from 7. 98 till 27. 98, unauthorisedly, and that he had deserved such a punishment. Further, during the month of June, 1999, the Coimbatore Office of the petitioner Company had been closed and all the employees were given three months notice, as well as the salary due to them. Therefore, the award of the second respondent Labour Court, ordering reinstatement of the first respondent in the service of the petitioner Company, is illegal, and it cannot be sustained in the eye of law. Further, since the petitioner company is not in existence from the month of June, 1999, the order reinstating the petitioner in service cannot be implemented. In such circumstances, the award of the second respondent Labour Court, dated 28. 2001, made in I.D.No.189 of 1999, is devoid of merits.

.5. No counter affidavit has been filed on behalf of the first respondent employee. However, the learned counsel appearing on behalf of the first respondent had submitted that the second respondent Labour Court had come to the right conclusion that the dismissal of the first respondent from the services of the petitioner Company, is illegal and void. Therefore, the second respondent Labour Court had passed the award, dated 28. 2001, directing the reinstatement of the first respondent, with continuity of service, backwages and other attendant benefits. The second respondent Labour Court had rightly exercised its discretionary jurisdiction, under Section 11-A of the Industrial Disputes Act, 1947, in granting the award in favour of the first respondent. Since the petitioner Company had passed an order for the alleged unauthorised absence of the first respondent, without giving a show cause notice to the first respondent and without giving him an opportunity to put forth his case, the said order is clearly contrary to law and the principles of natural justice. Therefore, the second respondent Labour Court had rightly set aside the said order and ordered the reinstatement