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1996 Supreme(All) 322

D.K.SETH
MERITEE INDIA LTD – Appellant
Versus
STATE OF U P – Respondent


Advocates Appeared:
Rakesh Tewari,

D. K. SETH, J.

The respondent No. 3, an employee of the petitioner was subjected to an inquiry pursuant to a charge- sheet issued to him. The Enquiry Officer had fixed a date for holding inquiry into the charges, which included threatening and assault. By a letter dated 19-2-1987 the Enquiry Officer informed that he is unable to hold the inquiry because of the threat hurled by the respondent No. 3. By an order dated 19- 2-1987 the services of the respondent No. 3 were terminated by the petitioner without holding inquiry, in view of the circumstances mentioned in the said letter. There upon an Industrial dispute was raised, which was referred by an order dated 31-1-1989, out of which Adjudication Case No. 300 of 1989 was regis tered. The workman had filed his written statement on 6-12-1989. The employer had also filed its written statement on 12-1-1990. After the workman had filed his rejoinder statement, the Labour Court directed the respondent No. 3 by an order dated 16-5-1991 to lead evidence. Instead of leading evidence the respondent No. 3 filed an application for direction that the management should lead evidence first and the order directing the work man to lead evidence shou


























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