MANAGEMENT OF HOTEL CONNAUGHT Vs. OM PARKASH

JUDGEMENT

(1.) THE petitioner employer by this writ petition impugns the order dated 18th August, 2003 of the Industrial Tribunal holding the domestic inquiry into the misconduct of the respondent No.1 workman to be violative of the principles of natural justice and the order dated 28th May, 2004 holding the petitioner employer to have failed to, on the basis of the evidence led before the Industrial Tribunal, establish misconduct against the respondent No.1 workman and consequently dismissing the application under Section 33(2)(b) of the Industrial Disputes Act, 1947 preferred by the petitioner employer.

(2.) NOTICE of the petition was issued and operation of the orders stayed on deposit of '5,000/- by the petitioner employer as litigation expenses. An application under Section 17B of the I.D. Act was filed by the respondent No.1 workman which was allowed vide order dated 31 st October, 2006. Rule was issued in the writ petition on 8 th December, 2006. The petitioner employer preferred an intra court appeal being LPA No.11/2007 against the order under Section 17B of the I.D. Act. The same was dismissed. The petitioner employer preferred SLP(C) No.18512/2007 which was also dismissed on 13th August, 2010 with a direction for expeditious disposal of the writ petition. The counsels for the parties have been heard.

(3.) THE counsel for the petitioner employer has with respect to the order dated 18th August, 2003 contended that the finding of the inquiry officer having acted in haste is not made out. THE order records that the inquiry commenced on 29th June, 1998 and subsequent proceedings held on 9th July, 1998, 18th July, 1998, 20th July, 1998, 23rd July, 1998, 27th July, 1998, 3rd August, 1998, 20th August, 1998, 4th September, 1998, 10th September, 1998, 5th October, 1998, 15th October, 1998, 24th November, 1998, 7th December, 1998, 25th January, 1999, 11th February, 1999, 22nd February, 1999 and 5th March, 1999.