CENTRAL BANK OF INDIA Vs. O P SINGH

JUDGEMENT

(1.) This writ petition has been filed challenging the award of Industrial Tribunal/Labour Court, New Delhi dated 21.5.2003 whereby the Industrial Tribunal held that the punishment awarded to the respondent by the Appellate Authority was illegal and invalid and workman was entitled for reinstatement with all consequential benefits with full back wages. It is submitted in the writ petition that the Tribunal after holding that the enquiry conducted by the management was not proper and fair, did not give an opportunity to lead evidence by management to prove the misconduct of the respondent workman.

(2.) The management had specifically requested the Tribunal to give such an opportunity by making a separate application dated 19.10.1992. This application was made by the management at the initial stage. The Tribunal observed in its award as:

(3.) The contention of the respondent that the application for adducing evidence was not made by the petitioner was not made at the initial stage and, therefore, Tribunal was not bound to record evidence of the petitioner is belied from the record. The reference was made in this case in September, 1991 and proceedings started in 1992. The statement of claim was filed in January, 1992. The application giving permission to record evidence of the petitioner was made in October, 1992 itself. The award was made in May, 2003. It is undisputed that this application remained indisposed and was pending before the Tribunal. The Tribunal at no stage considered this application.