DIVISIONAL CONTROLLER Vs. Y M PATEL

JUDGEMENT

(1.) By way of this petition under Article 227 of the Constitution of India the petitioner-Gujarat State Road Transport Corporation has prayed for an appropriate writ, order or direction quashing and setting aside the impugned judgement and award dated 12/08/2009 passed by the Industrial Tribunal No. 1, Vadodara in Reference (I.T.) No. 4/2004 by which the learned Industrial Tribunal has allowed the Reference by quashing and setting aside the punishment imposed by the disciplinary authority dated 25/04/2009.

(2.) Having heard the learned advocates appearing on behalf of the respective parties, it appears that legality and validity of the inquiry was not challenged by the respondent and the respondent challenged the findings given by the Inquiry Officer. It appears that on non production of the relevant documents with respect to the inquiry the learned Industrial Tribunal has drawn adverse inference and has held that the inquiry was not legal and valid. It is to be noted that the legality and validity of the inquiry was not challenged by the respondent-workman and what was challenged by the respondent was the findings of the Inquiry Officer.

(3.) Under the circumstances, it prima facie appears that the learned Industrial Tribunal was not justified in holding that the inquiry was not legal and valid. Now so far challenging the findings of the Inquiry Officer by the respondent is concerned, it appears that the record, inclusive of the report of the inquiry officer, was not produced.