MANAGEMENT OF ASHOK HOTEL Vs. MOHINDER SINGH

JUDGEMENT

(1.) MANAGEMENT of Hotel Ashok has filed the present intra court appeal against the decision dated 10th May, 2011, dismissing Writ Petition (Civil) No. 12391/2006 filed by them. Learned single Judge has upheld the award dated 25th October, 2005, passed by Industrial adjudicator holding inter-alia that the appellant MANAGEMENT had failed to lead evidence to prove the charges against the workman Mohinder Singh, the respondent herein. The respondent workman was awarded punishment of stoppage of three annual increments with cumulative effect and had raised an industrial dispute. Before the industrial adjudicator, the appellant conceded and accepted that the departmental proceedings were vitiated and there was violation of principles of natural justice. However, the appellant MANAGEMENT was given an opportunity to prove the misconduct by the respondent workman.

(2.) THE contention raised by the learned counsel for the appellant is that the industrial adjudicator has wrongly ignored and rejected as heresay the evidence of Ashok Lamba, Manager (Vigilance & Security) and the said finding is incorrect and contrary to law. He has further submitted that learned single Judge has also committed the same error.

(3.) IN view of the aforesaid, we do not find any merit in the present appeal and the same is dismissed.