MAHENDRA PAL VERMA Vs. TAJ MAHAL HOTEL

JUDGEMENT

(1.) This intra-court appeal impugns the order dated 17.10.2012 of the learned Single Judge of dismissal of W.P.(C) No.18/2008 preferred by the appellant. The said writ petition was preferred by the appellant impugning the Award dated 17.03.2007 of the Industrial Adjudicator on the following reference:

(2.) The appellant was employed for Housekeeping in the respondent Hotel since the year 1981. He was on 12.05.1998 charged with having on 08.05.1998 stolen the Timex watch of a guest / patron of the respondent Hotel from the room of the said guest / patron. The departmental inquiry conducted found the appellant guilty and the Disciplinary Authority of the respondent Hotel inflicted the punishment of dismissal from service on the appellant. The appellant raised an industrial dispute and on which the reference aforesaid was made.

(3.) The Industrial Adjudicator framed a preliminary issue as to the fairness and propriety of the departmental inquiry and on which preliminary issue evidence was led. The Industrial Adjudicator vide order dated 06.03.2007, on the basis of evidence led before him, held, that the appellant in his cross examination had admitted that he had full opportunity to put his evidence in the inquiry and that he was also represented by an advocate in the inquiry and that the statements of all the witnesses were recorded in his presence and full opportunity had been granted to him to cross examine them; the appellant in the said cross examination further admitted that the Enquiry Officer was impartial. The Industrial Adjudicator held that the vague pleas taken by the appellant of having been denied opportunity to defend and / or of the principles of natural justice having been violated in the inquiry had remained unsubstantiated. The Industrial Adjudicator accordingly vide order dated 06.03.2007 held the departmental inquiry to have been conducted fairly and properly and accordingly decided the preliminary issue in favour of the respondent employer.