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1982 DIGILAW 289 (SC)

Janak Raj v. Safai Mazdoor Union

1982-11-18

O.CHINNAPPA REDDY, V.BALAKRISHNA ERADI

body1982
JUDGMENT O. Chinnappa Reddy, J. - Included in the questions referred to the Tribunal was the question whether the appointment of Janak Raj as a sanitary supervisor was not in order. Surely the Tribunal should have heard Janak Raj before making an award. The Tribunal failed to do so. The Tribunal was clearly in error in not issuing notice to Janak Raj and not hearing him. The view taken by the High Court that it was not necessary to bear Janak Raj as he had no locus on the face of it is incorrect. The order of the High Court and the award of the Tribunal are set aside and the matter is remitted back to the Tribunal for fresh consideration of the question after issuing notice to Janak Rai. The appellant will be reinstated in service pending disposal of the matter by the Tribunal. 2. The appeal disposed of accordingly with no order as to costs. Appeal disposed of.