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2002 Supreme(All) 1414

ANJANI KUMAR
NAGAR NIGAM, MUKHYA NAGAR ADHIKARI – Appellant
Versus
PRESIDING OFFICER, LABOUR COURT – Respondent


Advocates Appeared:
BRIJ BHUSHAN PAUL, DEVENDRA DHAMA

ANJANI KUMAR, J.

( 1 ) BY means of this writ petition under Article 226 of the Constitution of India, the petitioner, nagar Nigam, Aligarh challenges the award of the Labour Court dated 23rd August, 1997 passed in Adjudication Case No. 102 of 1987. The following dispute was referred to the Labour Court by the State Government for adjudication:. . (VERNACULAR MATTER OMMITED ). .

( 2 ) ON the basis of the pleadings and evidence adduced by the parties, the Labour Court has framed an additional issue as to whether the domestic enquiry conducted by the employer was legal and justified? If any, its effects?

( 3 ) THE Labour Court after giving opportunity to both the parties, namely, the petitioner-employer and the concerned workman had arrived at the conclusion that the domestic enquiry conducted by the employer was not fair and proper and was contrary to the principles of natural justice. The labour Court vide its order dated 29th February, 1996 after holding the aforesaid have directed that in case the employer wants they can prove the charges against the concerned workman before the Court by producing such evidence as they would like. Thereafter, the Labour Court proceeded in the matte






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