UNITED PHOSPHOROUS LTD Vs. DALPATBHAI FATESINGH PATEL

JUDGEMENT

(1.) M/s. United Phosphorous Ltd. is before this Court being aggrieved by award and order dated 6.10.2010 passed by the learned Judge of Labour Court, Bharuch in Reference (LCB) No. 260 of 2004, a copy of which is produced at Annexure-A to the petition.

(2.) Learned Advocate Mr. D.S. Vasavada for the respondent-workman strongly contested the matter and submitted that, 'the contents of para-6 cannot be read to mean that the petitioner-establishment had asked for an opportunity to lead evidence to prove the charges levelled against the respondent-workman even if the findings were held perverse. Learned Advocate for the respondent-workman invited attention of the Court to Exh.21, a copy of which is produced at Annexure-R1, page No. 144, wherein it is specifically contended that, 'No charge levelled against me in the charge sheet is proved in the departmental inquiry, still the Inquiry Officer has given findings absolutely contrary to the evidence, which are perverse. The Inquiry Officer has wrongly interpreted the evidence led before him and on the basis of these incorrect evidence, the establishment has terminated me on 20.7.2004'.

(3.) Learned Advocate for the petitioner-establishment is not able to satisfy this Court as to why in cross-examination, no question was put about this material aspect of the matter. He is also not able to give any satisfactory answer as to why though the question of "perverse finding" was brought in the focus, no application seeking permission to prove the charges levelled against the respondent-workman was filed after filing of Exh. 21 and detailed cross-examination conducted on 1.8.2008 of the respondent-workman.