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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. SUBRAMANIAM, R. SAKTHIVEL, JJ
Suolificio Linea Italia (India) Private Limited – Appellant
Versus
K.Sachudanandam – Respondent
| Table of Content |
|---|
| 1. factual background of strikes, enquiries and dismissal (Para 1 , 2) |
| 2. issues framed on fairness enquiry and prejudice (Para 3 , 4) |
| 3. competing arguments citing firestone and delhi cloth cases (Para 5 , 6 , 7 , 8 , 9) |
| 4. procedure for deciding fairness as preliminary issue (Para 10 , 11 , 12 , 13) |
| 5. supreme court precedents on additional evidence rights (Para 14 , 15) |
| 6. denial of opportunity warrants remand to labour court (Para 17 , 18 , 19) |
| 7. remand order with directions for fresh disposal (Para 20 , 21) |
Under assail is the common order dated 17.07.2023 passed in
W.P.Nos.7465 to 7469 of 2013.
2. The present intra-Court appeals under Clause 15 of Letters Patent have been instituted by the Management against workmen. The workmen entered into a strike, which resulted in issuance of a show cause notice by the appellant - Management on 11.05.2011. The workmen were suspended from service and a charge memorandum came to be issued. A domestic enquiry was conducted and the workmen participated in the process of enquiry. The Enquiry Officer held that the charges were proved and accepting the findings of the Enqu
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