Decided on July 26,1979



R.C.MANKAD - (1.) The petitioner who was a workman in the employment of the respondent has challenged the judgment and order dated December 15 1978 passed by the First Labour Court Rajkot remanding the matter to the management with a direction to give a show cause notice to him and to consider his explanation With regard to the punishment sought to be imposed on him.
(2.) Petitioner was ill the employment of the respondent and serving as a watchman at Jamnagar. He was found drunk and behaving in a disorderly manner and was not in a position to discharge his duty. An inquiry was held against him and at the conclusion of the inquiry by an order dated November 19 1974 the petitioner was dismissed from service. An industrial dispute arising as a result of this dismissal order was referred for adjudication to the first Labour Court at Rajkot under sec. 10 (1) (c) of the Industrial disputes Act 1947 The dispute which was referred to the Labour Court was in the following terms :- "Shri Kanabhai Nagajan should be reinstated on his original post with full beck wages with effect from 19-11-1974." The Labour Court after recording evidence by its impugned judgment and order held to the effect that the inquiry held against the petitioner defective in so far as the petitioner was not given an apportunity to show cause against the proposed penalty. Under Model Standing Order 25(5)(c) if on the conclusion of the inquiry the workman has been found guilty of the charges framed against him and it is considered after giving the workman concerned a reasonable opportunity of making representation on the penalty proposed that an order of dismissal or discharge or suspension or fine or stoppage of annual increment or reduction in rank would meet the ends of justice the employer shall pass an order. However the petitioner was not given such an opportunity. The Labour Court therefore held that the inquiry to that extent was defective. After reaching this conclusion the final order which was passed by the Labour Court was as follows: "The inquiry papers are are sent back to the management With a direction to give show cause notice to the worker. to consider his explanation and keep an one mind and to come to an independent decision on merits. As the matter is old one direction is given to return the papers with the report within one month from the receipt of the papers by the management If further time is required. then the parties should move the Court for the same. Final decision will be given after considering the explanation of the worker and findings of the management and after hearing the learned Advocates for the parties." It is this order passed by the Labour Court which is called in question in this Petition.
(3.) Mr. P. M. Thakkar the learned Advocate appealing for the petitioner submitted that the Labour Court had no power to remand the matter to the management to give an opportunity to the workman to show cause against the proposed penalty. Once it came to the conclusion that the domestic inquiry held by the respondent was defective the only order which the Labour Court could have passed as to set aside the order of dismissal and reinstate the petitioner in service from the date of dismissal order.;

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