SURAT AMMONIA SUPPLY COMPANY Vs. HIMANSHU JAYANTILAL JOSHI

JUDGEMENT

(1.) HEARD learned advocate Mr. S. J. Shah appearing on behalf of petitioner Surat Ammonia Supply Company and learned advocate Mr. M. S. Mansuri appearing on behalf of respondent - workman.

(2.) IN the present petition, petitioner has challenged the order dated 27th April 2007 vide Exh. 50 passed by Labour Court, Baroda, wherein, Labour Court has decided that whatever departmental inquiry conducted against the workman is held to be illegal, unreasonable and improper. The matter was fixed on 18th May 2007 for further evidence of the parties.

(3.) LEARNED advocate Mr. S. J. Shah appearing on behalf of petitioner submitted that respondent, as he has challenged the inquiry conducted by employer, should have to lead first evidence before the Labour Court for proving the fact that inquiry is illegal. He also submitted that respondent workman has not led any oral evidence, but, he gave closing purshis that he does not want to lead oral evidence in respect to the question of departmental inquiry and he relied upon the documents produced by petitioner. Therefore, he submitted that Labour Court has committed gross error in coming to conclusion that it was a burden upon the employer to lead first evidence for proving the documents relating to departmental inquiry which are not exhibited before the Labour Court. The Labour Court has also come to conclusion that factum of inquiry is challenged by workman, therefore, employer shall have to prove the factum of inquiry by leading first evidence. Therefore, Labour Court has decided that no evidence was led by petitioner for proving the inquiry papers before the Labour Court which remained unexhibited, therefore, inquiry is vitiated as it is not proved. Therefore, Learned advocate Mr. S. J. Shah submitted that Labour Court has committed gross error.