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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
Monguluru Harish – Appellant
Versus
Hindustan Coca-Cola Beverages Private Limited – Respondent
HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 36804 OF 2021
O R D E R:
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. The case of petitioner is that while he was working as Operator in Production Department of respondent - Hindustan Coca Cola Beverages Private Limited (for short, ‘the Company), he was removed from service on the allegation that he misbehaved with one Ms. A. Bodi and outraged her modesty. His grievance is that in order to remove him from service, the said Bodi and other colluded and gave a false complaint; when the complaint was referred to Internal Complaint Committee, an enquiry was conducted without giving opportunity to petitioner and the Committee gave findings which were biased and basing on the false report, he was terminated from service with effect from 20.11.2015, without cons
The fairness of the domestic enquiry and the seriousness of the charges are crucial in justifying the punishment imposed by the employer.
The finality of the Labour Court's findings and the limited scope of re-appreciating evidence in a writ petition under Article 226 of the Constitution of India.
A tribunal must adjudicate the fairness of a domestic inquiry before addressing the merits of a dismissal, ensuring decisions are reasoned and within jurisdiction.
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