Ex-parte enquiry will be fair when workman did not respond to the charge-sheet, also did not attend enquiry proceedings in spite of notice and also not responded to second show cause notice. - The Industrial Disputes Act, 1947
Ex-parte enquiry finding due to non-responding to the charge-sheet, non-attending enquiry proceedings without any sufficient cause and not-responding to second show cause notice, would not be liable to be vitiated if there is no procedural fault.
Since the utilization medical and travel concession facilities for in-laws which was available only for the employee and his family members, is a major misconduct as per Regulation 9 of the APSRTC Employees' (ClassifIcation, Control and Appeal) Regulations 1967, the punishment of removal from service is not disproportionate to the gravity of misconduct.
Non-interference in the order of punishment by the Labour Court by exercising its power under Section 11-A of the Industrial Dispute Act, 1947, would not having any fault if the workman himself has not place any supporting material to the effect that the punishment is shockingly disproportionate, on the case flle.
-A.G. Reddy vs. Presiding Officer, Labour Court-1, Hyderabad & Anr. 2017 (Hyderabad H.C.)
The Industrial Disputes Act, 1947
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