DHIRUBHAI LALJIBHAI Vs. RANGE FOREST OFFICER

JUDGEMENT

(1.) Heard the learned counsel for the parties. Admittedly, the Labour Court has misdirected itself by considering the evidence produced before the Conciliation Officer, which was inadmissible. In that view of the matter, the award has been passed dismissing the reference of the workman. The State, though filed written statement, has not contested the reference by producing the evidence. In that view of the matter, the reference was almost decided in such a situation where the State representation was not there and only inadmissible evidence was available to the Tribunal, which has been made the basis of the decision of the Tribunal.

(2.) In that view of the matter, it is not disputed by the parties that the matter may be remanded back for a fresh adjudication. Accordingly, the matter is remanded back to the Labour Court. The parties will remain present before the Tribunal on 5th August 2010. The petition is disposed of accordingly.

(3.) R & P be remitted to the labour court concerned forthwith.