JUDGMENT

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records from the file of the first respondent herein in I.D.No.247/2003 and to quash its award dated 10.10.2008.)

1. This Writ Petition is filed to call for the records from the file of the first respondent herein in I.D.No.247/2003 and to quash its award dated 10.10.2008.

2. The Management will be referred to as the petitioner and the second respondent will be referred to as the respondent.

3. The petitioner is a manufacturer of Automobile components. The respondent was appointed as a labourer on 01.09.1988. From 1998 there was heavy recession in the industry and therefore the Management resorted to various measures like introducing voluntary retirement scheme and also re-allocation of work etc. The respondent as a measure of re-allocation was transferred from F.P.S. Section to Machine Shop as per the terms of the settlement dated 19.02.2000 entered into with the Union. On 12.01.2002, the respondent went to the factory to submit the ESI fitness certificate along with the leave application to the Personnel Department. At around 02.15 p.m. the responden