DHANSURA GROUP COOPERATIVE COTTON Vs. KALUSING LALSING ZALA

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed to quash and set aside the impugned award dated 02.06.1995 passed by the Labour Court in Reference [LCA] No. 87 of 1985, whereby the Labour Court had directed the petitioner to reinstate the respondent on his original post with continuity of service with full back wages.

(2.) The short facts of the case are that the respondent workman was working as Gate keeper cum peon with the petitioner since 1967. The allegation against the respondent workman is that while discharging his duties, he was found negligent in his duties. In view of the said misconduct, the respondent workman was served with the notice. Thereafter, as the respondent workman had admitted his guilt before the Members of the Committee of the Society, the petitioner vide order dated 26.07.1984 terminated the services of respondent workman. 2.1. Being aggrieved by the said order, the respondent workman raised an industrial dispute which was ultimately referred to the Labour Court for adjudication being Reference [LCA] No. 87 of 1985. Before the Labour Court, both the parties adduced and after appreciating the material produced before it, the Labour Court allowed the reference with the aforesaid directions. Hence, this petition.

(3.) Heard learned counsel for the respective parties and perused the documents on record. The main contention of the petitioner is that during the filing of written arguments, though it was specifically contended before the Labour Court that if the Court below comes to conclusion that the inquiry is necessary then in that case, the petitioner may be allowed to prove the misconduct by holding a fresh inquiry.