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2023 Supreme(All) 1510

ALOK MATHUR
Nicholas Piramal India Ltd. – Appellant
Versus
Presiding Officer Labour Court Lko. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Dr. R.K.Srivastava, Nishchal Jagdhari
For the Respondent: C.S.C., Birendra Pd. Singh, Sanjay Saxena

JUDGMENT :

1. Heard Dr. R.K. Srivastava and Sri Nischal Jagdhari, learned counsel for the petitioner as well as learned Standing Counsel for the respondents.

2. By means of present writ petition the petitioner has assailed legality and validity of award dated 24.01.2007 passed by the Labour Court, Lucknow thereby allowing claim preferred by respondent no. 2 – workman and holding that domestic enquiry held against the workman was illegal and arbitrary and order passed against the workman as a result of domestic enquiry, was set aside holding that the workman was entitled to continue in service with effect from the date of his termination alongwith all consequential benefits.

3. Brief facts giving rise to the present case are that the respondent no. 2 – workman was initially appointed as clerk in M/s Nicholas Piramal India Ltd. with effect from 10.04.1973. Subsequently, by means of order dated 22.09.1982, he was appointed as Trainee Technical Representative and further was appointed on the post of Medical Representative.

4. It is stated that while discharging his duties as Medical Representative the workman-respondent no. 2 was involved in certain acts of misconduct and most specifically

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