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Judgment
S.S. Sudhalkar, J.—This writ petition has been filed by the employer challenging the award of the Labour Court dated 4.8.2000, copy Annexure P/12 vide which respondent No. 1 was ordered to be reinstated in service with 50% back wages.
After hearing the learned counsel for the petitioner, we find that this writ petition is without merit.
Respondent No. 1 was a driver and his services were terminated admittedly without holding any enquiry. Even before the Labour Court, the petitioner has failed to take opportunity to adduce evidence regarding the charges alleged against respondent No. 1. It has been observed by the Labour Court as under :-
".... no regular enquiry was conducted against the workman. It is also worthwhile to mention that it is well settled proposition of law that in case management has failed to conduct a regular enquiry against the delinquent, the management can avail of this opportunity before the Labour Court. However, the management did not make any prayer before this Court to this effect. Therefore, termination of service of the workman stood vitiated..."
We find no reason to interfere with the finding of the Labour Court, as above.
Dismissed.
Petition dismissed.