RAJAGOPALA AYYANGAR
Abdul Khader – Appellant
Versus
Consolidated Coffee Estate, Coorg, representing Yemmigoondi Estate – Respondent
This is an application for the issue of a writ of certiorari to quash an order of the Labour Appellate Tribunal in the following circumstances:
The petitioner was employed under the first respondent who was the owner of a coffee estate. The duties of the petitioner consisted in driving a tractor. At the time of his appointment, he was notified that he should not permit any other person to travel in the tractor or in any machinery attached to the tractor and that such conduct on his part would entail dismissal. On the 1st April, 1954, the petitioner was charged by the Management with having knowingly permitted one Natesan to ride on a tiller attached to the tractor. The petitioner denied the charge and stated that if Natesan was on the machine it was without his knowledge. There was an enquiry in consequence of this denial and at that enquiry it was proved that it was with the petitioner’s knowledge that Natesan rode on the tiller. On the ground of misconduct involved in this act, the Management dismissed the petitioner from service. The rules of service of the petitioner provided an appeal to a higher authority within the Management itself. The petitioner availed himself of thi
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