found to be guilty and the services of the petitioner
were terminated. Being aggrieved, the petitioner
approached the labour authorities whereupon a
reference under section 10 of the Industrial Disputed
Act was made by the State Government. Two
preliminary objections are raised by the respondent
contending that the State Government was not
appropriate government, for making of a reference and
that the respondent’s establishment was not an
industry. By a part award dated 19th February 1998,
both the contentions of the respondent were rejected
and it was held that respondent was an industry and
the State Government was the appropriate government
for making of the reference. Thereafter, by further
part award dated 23rd December 1998, the labour court
held that the domestic enquiry was conducted in
violation of the principles of natural justice and
therefore finding of guilt in the domestic enquiry
was vitiated. The labour court however permitted the
respondent to adduce evidence before the labour court
to justify the order of termination. The two part
awards dated 19th February 1998 and 23rd December
1998 have become final and are not challenged by the
respondent.
