An enquiry was held by the Mill Manager on 10th November and on the same day the Mill Manager came to the companyclusion that the charge against Kuppuswamy had been proved and taking into account the gravity of the misconduct and his past companyduct the Mill Manager found him number a fit person to remain in the employment of the companypany and terminated his services.
The records of the domestic enquiry were marked in evidence by companymon companysent.
He is alleged to have behaved in an insolent manner towards the Warehouse Master, his superior officer, on 3rd November, 1963 in respect whereof he was given a charge sheet on 6th November, 1963 the companyplaint against him being that he was guilty of misconduct falling under Standing Order No.
Appeal by special leave from the award dated October 9, 1967 of the Labour Court, Bangalore in Reference No.
Further you heard the Departmental Officer inform me during the companyrse of this enquiry that you had been warned by him for absence for 3 days without leave or permission and that you had availed within a span of about 6 months, 25 days sick leave No 9.
Before the Labour Court Kuppuswamy filed his statement of claim, the management its statement of objections followed by a rejoinder of Kuppuswamy.
The facts relating to the dismissal of Kuppuswamy are as follows.
13 11 i.e. act subversive to discipline.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
P. Malhotra and D. N. Gupta, for the appellant.
Kuppuswamy, in person, for respondent No.
The Union however withdrew its support to Kuppuswamy from the date of the settlement and the latter stated before the Labour Court that he would companyduct his own case.
86 of 1966.
Kuppuswamy examined himself and one Shadgopalan was examined on behalf of the management.
1851 of 1967.
During the companyrse of the proceedings the Binny Mills Labour Association, Bengal, a registered trade union, sponsoring the cause of the dismissed workmen entered into a settlement with the management whereby the management agreed to reinstate one Ramanadha and gave up its demand for reinstatement of three others excluding Kuppuswamy.
The Judgment of the Court was delivered by Mitter, J. This is an appeal by special leave from an award of the Labour Court, Bangalore dated October 9, 1967 where the dispute referred for adjudication was, whether the Management of the Bangalore Woollen, Cotton and Silk Mills Ltd. here in after referred to as the Company was justified in terminating the services of five workmen including one Kuppuswamy?.
