KARNATAKA DAIRY DEVELOPMENT CORPORATION LTD v. PRESIDING OFFICER, II ADDL. LABOUR COURT
1987-11-18
M.P.CHANDRAKANTARAJ
body1987
DigiLaw.ai
CHANDRAKANTHARAJ URS, J. ,, J. ( 1 ) PETITIONER is the Karnataka Dairy development Corporation Limited. It is aggrieved by the finding recorded by the presiding Officer, II Additional Labour court, Bangalore, in Reference No 4/84. That recording of finding relates to a preliminary finding in regard to the validity of the domestic enquiry held before the workman was terminated from its services. ( 2 ) IN this Writ Petition under Articles 226 and 227 of the Constitution the petitioner corporation challenges that finding inter alia contending that the finding recorded is not in accordance with law. Even if it is erroneous, it does not alter its character of being a preliminary finding. When the finding is adverse to the employer, he is left with two choises; one is to produce evidence to sustain the charge of mis-conduct on the basis of which the termination had taken place or he may record his protest by refusing to edduce evidence and request the Tribunal to dispose of the reference. ( 3 ) IF the award finally made is adverse to him, he may challenge it here At this stage this petition is premature. This court has taken the consistent view that it is open to the Management to challenge both the preliminary finding and the final finding after the award is made. ( 4 ) IT is now well settled that the Industrial disputes Act is a legislation that favours the workman and meant for his beneficial welfare. In construing its provisions the Courts lean in favour of workman. Similarly in the procedure to be adopted for resolving the disputes between the employer the workman, the procedure which is favourable to the workman who is the weaker of the two parties should be adopted. Therefore, this petition is rejected. --- *** --- .