MAHESH KUMAR SHARMA Vs. SAHARA INDIA PARIWAR

JUDGEMENT

(1.) Vide the present petition under Article 226 of the Constitution of India, the petitioner seeks quashing of the orders dated 20th September, 2010 and 23rd September, 2010 as also the Award dated 27th September, 2010 passed by the learned Labour Court, Karkardooma Courts, Delhi in ID No.225/05 (old) 432/08 (new).

(2.) The brief facts necessary for the adjudication of the present writ petition may be noted at the outset. The petitioner having been appointed as a Clerk/Assistant Junior Worker (Cashier) with the respondent on 23rd November, 1985, was dismissed from service vide order dated 14th March, 2005, based on the findings of a domestic inquiry which, according to the petitioner, was conducted in a biased and pre-determined manner and without following the principles of natural justice. The petitioner, after serving a legal notice to the respondent, raised an industrial dispute which was referred to the learned Labour Court resulting in the aforesaid ID No.225/2005.

(3.) The petitioner then filed his affidavit of evidence before the learned Labour Court on 11th January, 2007, whereafter he was cross examined on various dates and his evidence was finally concluded on 12th April, 2010. The record further shows that on 2nd August, 2010, the respondent's first witness/MW 1 had appeared before the Labour Court but his cross-examination had to be deferred as no authorised representative of the petitioner was present to cross-examine the said witness. The matter was, therefore, adjourned to 20th September, 2010, on which date MW 2 appeared before the Court and tendered his examination-in-chief by way of an affidavit. However, he could not be cross-examined on the same date as the authorised representative of the petitioner/workman was not present and at about 12:38 p.m., as recorded in the impugned order itself, the right of the petitioner to cross-examine MW 2 was effectively closed. Vide the same order, the Court also declined to grant any further opportunity to the respondent/management for producing MW 1 for his cross-examination on account of his failure to appear before the Court after his examination-in-chief was recorded on 2nd August, 2010. The Court then directed that the matter to be listed on 22nd September, 2010, for arguments on the preliminary issue regarding validity of the inquiry.