- (1.) WE have heard learned counsel appearing for the parties.
(2.) THESE Special Appeals arise out of the judgment of learned Single Judge dated 23.05.2014, by which he has allowed the writ petition filed by Roshan Lal Saini, challenging the order dated 29.05.2013 passed by Labour Court Jaipur -I, Jaipur in L.C.R. 38/11, by which the petitioner was held to be workman within the meaning of section 2(s) of the Industrial Disputes Act, 1947, and that the domestic enquiry conducted against him by the respondent -Rajasthan Housing Board, in which he was held to be guilty of charges of serious misconduct and was dismissed from service, was held to be just fair and proper.
(3.) LEARNED Single Judge, after considering the chequered history of the case in which the respondent Roshan Lal Saini had approached the High Court and had thereafter approached the Supreme Court, challenging the findings of the High Court in which he was relegated to the remedies of the Labour Court. The petitioner had withdrawn the Special Leave to Appeal with liberty to move the appropriate forum in accordance with law. Learned Single Judge held that the order of the Labour Court holding the departmental enquiry to be fair and reasonable, was vitiated on the grounds that the evidence was not led by the employer on all the charges and the appellant was not given sufficient opportunity to cross -examine the witnesses of the department. Learned Single Judge held that the procedure adopted by the Labour Court was not justified. The enquiry officer had not analyzed the missing documents, and it was not clear as on what evidence the charges were proved. If the documents were missing, the charges could not be held to be proved. Learned Single Judge held that the enquiry was held to be unfair and improper and remanded the matter to the Labour Court to decide the dispute afresh.;