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M.GOVINDARAJ
Management ELGI Equipments Limited, Rep. by its Head - Legal & Secretarial Mr. Shyam Vasudevan Coimbatore. – Appellant
Versus
Presiding Officer, Labour Court, Coimbatore – Respondent


Advocates Appeared:
For the Petitioner: Mr.S.Ravindran
For the Respondent: Mr. A.S.Balaji

ORDER :

These present writ petitions are directed against the preliminary awards in I.D.No.51 of 2010, dated 01.06.2016 and 09.09.2016 passed by the Labour Court, Coimbatore, holding that the enquiry conducted by the petitioner/management was not fair and proper.

2. The admitted fact remains that the enquiry proceedings were conducted on 07.03.2009, 20.03.2009 and 27.03.2009. On 27.03.2009, the second respondent was set ex-parte and a enquiry report was submitted by the Enquiry Officer. The employee has submitted his objections. After considering the enquiry report as well as explanation submitted by the second respondent, he was dismissed from service. Against which, he raised an industrial dispute in I.D.No.51 of 2010 before the Labour Court, Coimbatore. The Labour Court has framed the following three issues,

    (i) whether the second respondent is a workman or not?,

(ii) whether the enquiry conducted is fair and proper? and

(iii) whether the report submitted by the Enquiry Officer can be accepted or not?.

3. Insofar as the finding on issue No.1 is concerned, there is no dispute as to the finding that the second respondent is a workman.

4. Insofar as the 2nd and 3rd issues are concerned,

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