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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Nagesh Bheemapaka
Monguluru Harish – Appellant
Versus
Hindustan CocaCola Beverages Private Limited – Respondent
| Table of Content |
|---|
| 1. initial allegations and facts regarding service termination. (Para 2) |
| 2. petitioner argues against the icc process and punishment severity. (Para 3 , 4) |
| 3. role and authority of icc in misconduct cases. (Para 6 , 7) |
| 4. court evaluates icc report validity and labour court's jurisdiction. (Para 8 , 9 , 10) |
| 5. court's limits in reviewing case outcomes. (Para 11) |
| 6. discussion on appropriate remedies for the petitioner's situation. (Para 12 , 13 , 14) |
| 7. final ruling on reinstatement with specific conditions. (Para 15) |
ORDER :
Challenging the Award dated 31.03.2021 in I.D.No.4 of 2016 on the file of Labour Court-II, Hyderabad, this Writ Petition is filed.
2.1 Petitioner therefore, raised the mentioned I.D. before the Labour Court-II, Hyderabad on the ground that the Internal Complaint Committee report is not based on any tangible evidence and Committee also did not give a reasonable opportunity and that it is one sided, hence, is liable to be dismissed. However, the Labour Court considering the judgment in 2013 (1) SCC 297 which was rendered prior to POSH Act , 2013 which is not a binding precedent, passed the impugned Award. According to petitioner, the Court below failed to
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