KARSANBHAI KACHARABHAI Vs. AHMEDABAD JUPITER SPG WVG AND MFG MILLS

JUDGEMENT

(1.) The petitioner was a workman in the employment of the respondent-Company. In respect of an incident which is stated to have taken place on Au 4/08/1975 the petitioner was served with a show cause notice on 8/08/1975 and an intimation was given to him that an inquiry will be held in connection with the said incident on 11/08/1975 By an order dated 25/08/1975 the services of the petitioner were terminated.

(2.) The petitioner thereupon carried the matter to the Labour Court under the provisions of the Bombay Industrial Relations Act 1946 The Labour Court raised a preliminary issue as to whether the inquiry held against the petitioner was legal and proper. After hearing the parties the Labour Court passed an order on 29/03/1979 holding that the inquiry was legal and proper. The Labour Court then heard the parties on the question of punishment and held that having regard to the charges levelled against the petitioner the order of dismissal was justified. Consequently by the award dated 12/06/1981 the petitioners application was dismissed

(3.) The petitioner carried the matter in appeal to the Industrial Court. The Industrial Court raised two issues first whether the inquiry was proper and legal and secondly whether the charges levelled against the petitioner were proved. The Industrial Court came to the conclusion that the inquiry was not legal and proper because it was conducted in violation of the principles of natural justice. The Industrial Court then proceeded to consider as to what course of action should be adopted in view of the aforementioned finding. The petitioner urged that since no request was made by the respondent-Company before the Labour Court to permit it to lead evidence to establish the misconduct and to sustain the order of penalty such an opportunity ought not to be afforded to the respondent-Company. The Industrial Court made the following observations while considering this plea: (as translated into English from Gujarati):