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Carnatic Co. Ltd. vs . Venkatayya "(1963) 2 Llj on 24 February, 2010 cites

M.C.D. vs Praveen Kumar Jain And Ors. on 21 January, 1998

As per the case of the workmen they were removed by the management illegally without conducting any domestic enquiry and without issuing any charge­sheet etc. The defence of the management that the workmen have abandoned their duties has already been disbelieved by me in my findings on issue no­1. It is admitted case of # 27 # both the parties that no domestic enquiry was conducted by the management before issuing the said removal order of 3rd April, 1991. No charge­ sheet was given to the workmen. The said fact is admitted by MW1 in his cross examination. Perusal of the order of removal Ex. WW1/E shows that it was a penal discharge of the workmen for which it was necessary for the management to conduct an enquiry and without conducting the enquiry the said order is bad in law. I am supported in my view by iota of judgment on this point. Reference can be had to the case titled as MCD Vs. Praveen Kumar Jain and Others reported as 1998 SCC (L&S) 1222.
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