HOTEL KANISHKA Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) This appeal arises out of the judgment and order passed by the learned Single Judge dated 28.4.1995 in CIVIL WRIT PETITION 424/1990 and CM. 2606/1993, dismissing the writ petition, as having no merit.

(2.) The writ petition (CIVIL WRIT PETITION424/1990) arose out of the order of the Industrial Tribunal No: I dated 31.7.1989 by which the Tribunal held that the enquiry conducted by the Enquiry Officer against the workmen/respondents was bad in law, and accordingly declared the same as invalid.

(3.) The industrial dispute which is the subject-matter of the present case was raised by the Union on behalf of 16 workmen after the conciliation proceedings under Section 12 of the Industrial Disputes Act, 1947 failed to yield any results. The Conciliation Officer on 21.10.1985 sent a failure report to the Appropriate Government under Sub-section (4) of Section 12 of the Act. Acting on the report of the Conciliation Officer the State Government in exercise of powers conferred by Section 10(l)(d) of the Industrial Disputes Act referred the disputes arising between the workmen and the management for adjudication to the Industrial Tribunal. In the proceedings before the Tribunal the Union took up the plea regarding the competence of the Enquiry Officer in holding the enquiry against the workmen. The Tribunal, after hearing the parties and on consideration of the material on record came to the conclusion that Shri S.P.S. Ahiuwalia, Enquiry Officer was not an officer of the management and being an outsider was not competent to hold the enquiry. In coming to the aforesaid conclusion, the Tribunal, inter alia relied on Standing Order No. 16(iii) of the Standing Orders, 1984.