- (1.) Challenge is to the order dated 2.9.2008 (Annexure P-10) whereby preliminary issue was decided against the workman that the domestic inquiry was held fair and proper and order dated 25.10.2010 (Annexure P-11) whereby reference has been decided against the workman by vide the impugned Award.
(2.) Mr. Jaswant Jain, counsel for the petitioner has challenged the validity and legality of the order dated 2.9.2008 on the ground that the inquiry officer Shri H.K. Relan was biased against the petitioner. The workman had raised an objection regarding his appointment and the inquiry held by him cannot be taken into consideration against the workman.
(3.) This argument has been repelled by placing upon the judgment of the Supreme Court General Secretary, South Indian Cashew Factories Workers Union v. Managing Director, Kerala State Cashew Development Corporation Ltd., and others, 2006 2 CurLR 959, wherein the Supreme Court has held that the allegation of bias as to the specifically pleaded and proved. In the present case the workman had made an application for change of inquiry officer and led no evidence as to why the inquiry officer is biased. On the other hand vide letter dated 27.6.1979 (Ex. M-6) the factory manager has assured the workman that full opportunity will be given to him to cross-examine the witnesses. The workman failed to join the inquiry. He led no evidence to prove examination except his oral disposition. Since the workman was served with a notice and chosen not to appear after he was informed to participate in the inquiry proceedings on 14.5.1979, 25.5.1979, 8.6.1979, 26.6.1979 and 4.7.1979. The inquiry was proceeded ex-parte and could not be said to be vitiated.;