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2009 Supreme(Kar) 70

S.R.BANNURMATH, A.N.VENUGOPALA GOWDA
Management of M/s Indian Aluminium Company Limited, Belgaum – Appellant
Versus
S. Nagaiah – Respondent


Advocates appeared:
For the Appellant:Sunderaswamy Ramdas & Anand, Advocates. For the Respondent:B.S. Umesh, Advocate.

Judgment :-

This appeal arises out of an order passed by the learned Single Judge on 11-3-2005 in W.P. Nos. 32819 and 32820 of 2002 (in Management of M/s. Indian Aluminium Company Limited, Belgaum vs. S. Nagaiah 2005 AIR Kar. HCR 1150), dismissing the writ petitions filed by the petitioner/appellant.


Factual background:


2. To appreciate the controversy raised in this appeal, few relevant facts may be noted:


Appellant is a company engaged in manufacturing activities. Respondent was an employee of the appellant and at the relevant point of time, he was one of the Vice-Presidents of the Workers' Union. Charge-sheets dated 14-4-1980 and 29-4-1980 were issued to the respondent alleging acts of misconduct, to which, he submitted separate explanations, which were not accepted by the appellant and domestic enquiries were ordered, after holding of which, the Enquiry Officer submitted reports, holding the respondent guilty of certain charges. Thereafter, a show-cause notice dated 8-7-1980 was issued to the respondent, proposing the punishment of dismissal from service, to which, he submitted a reply dated 11-7-1980, whereupon, final order was passed by the disciplinary authority, imposing the

























































































































































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