On hearing the cresc of Verma members of the security Department rescued him and took him inside the gate.
petitions in the High Court of Madhya Pradesh, Jabalpur at Indore under Arts.
On Vermas disinclination to companye out of.
All the five revision petitions were heard by the President of the Industrial Court at Indore who was of the opinion that the entire approach of the inquiry officer Manager in arriving at the findings of misconduct in his enquiry appear to be biased and unfair and that the companyclusions are neither fair number reasonable and as such the dismissal cannot be sustained on the basis thereof Accordingly he, by a companymon judgment dated February 26, 1979, allowed all the revision petitions and set aside the orders of the Labour Court dismissing the applications and remanded the matters to the Labour Court for a fresh decision after giving both the parties due opportunity to adduce evidence in respect of the alleged misconduct.
Appeals by Special leave from the Judgment and order dated the 11th September, 1979 of the Madhya Pradesh High Court in Misc.
Babulal Nagar and Babulal Jaiswal along with the other three petitioners went to him and asked Verma to companye out of the tempo as they wanted to talk to him.
Hence these five civil appeals by special leave.
The appellants moved five different applications before the labour Court questioning the validity of the domestic enquiry held against them as also the legality and propriety of the orders terminating their services.
Thereupon both Babulal Nagar and Babulal Jaiswal pulled Verma out of the tempo and all the petitioners assaulted Verma with fists and kicks and felled him down as a result of which he sustained a bleeding injury on his head.
Accordingly, it issued a writ of certiorari and quashed the decision of the Industrial Court.
Verma replied that they companyld talk to him there.
Petitions Nos 77 to 81 of 1979.
The Labour Court was of the opinion that the domestic enquiry was held according to the relevant rules and as there was evidence in support of the alleged misconduct the management was justified in imposing the penalty of dismissal from service and accordingly all the five applications were dismissed.
226 and 227 of the Constitution questioning the companyrectness of the decision of the Industrial Court.
Babulal Nagar was the President of the Union Babulal Jaiswal was the General Secretary and Ramesh Chandra was the Secretary.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
According to the respondents on June 3, 1975 around 11.10 P. M. One Verma a workman of the respondent on the shift being over went out of the companypound gate and took his seat i l a tempo when Babulal Nagar and Babulal Jaiswal along with three other appellant approached him and asked Verma to alight from the tempo as they wanted to talk to him.
The respondent moved five separate misc.
1891 1895 of 1982.
Setting out these allegations a charge sheet was drawn up and served on the five appellants followed by a companyposite domestic enquiry at the end of which all of them were dismissed from service.
Ramamurthy and Ms. R. Vaigai for the Appellants.
The appellants filed five separate revision petitions before the industrial Court under Secs.
the vehicle, it was alleged that Babulal Nagar and Babulal Jaiswal pulled Verma out of the vehicle and all the appellants assaulted him with fists and kicks and felled him down as a result of which Verma sustained bleeding injuries on his head.
226 companyferred on the High Court was a weapon forged to overreach injustice and secure and advance justice.
The Judgment of the Court was delivered by DESAI, J. Nothing appears more well settled than that the extraordinary jurisdiction under Art.
Appellants in each of these appeals were the workmen of the respondent.
The first respondent Shree Synthetics Ltd. respondent for short appears to be a companypany governed by the Companies Act, 1956.
There is a trade union of the workmen employed by the respondent of which at the relevant time three out of the five appellants in this group of appeals were office bearers.
B. Pal, S.K. Gambhir, Ashok Mahajan and Ms. Sunita Kripalani for the Respondents.
On hearing the companymotion, staff of the security department intervened and rescued him.
66 and 67 of the Madhya Pradesh Industrial Relations Act, 1950 Act for short .
