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2008 Supreme(Mad) 2258

ASOK KUMAR GANGULY, FAKKIR MOHAMED IBRAHIM KALIFULLA
ITC Ltd. – Appellant
Versus
Industrial Tribunal & Others – Respondent


Advocates appeared:
For the Petitioner:A.L. Somayaji, Senior Counsel, S. Jayaraman, Advocate.
For the Respondent:C.K. Chandrasekar, M/s. Row & Reddy, Advocates.

Judgment

A.K. Ganguly, C.J.

1. Heard learned counsel for the parties.

2. This Appeal is filed at the instance of ITC Ltd., Chennai impugning the order dated 14.08.2007 passed by the learned Judge of the Writ Court, whereby the learned Judge dismissed the Writ Petition filed by the appellant.

3. Subject matter of challenge in the Writ Petition was an order of the 1st respondent Industrial Tribunal dated 14.06.2006 passed in Approval Petition Nos.27 to 48 of 2001, which was filed under Section 33(2)(b) of the Industrial Disputes Act (herein after referred to as the "said Act").

4. The material facts of the case, as alleged by the appellant, are that there was large scale violence on 111. 2001 at the instance of workmen, and thereupon charge sheets were issued to all the workmen on 111. 2001, but the workmen refused to accept the charge sheet. Then, an enquiry was sought to be held. Notices were sent to the workmen. But the case of the appellant is that the workmen refused to accept the notices. The Enquiry Officer submitted his report holding the workmen guilty of the charges. The workmen refused to accept the second show cause notices also. Thereafter, on 212. 2001 the appellant








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