TATA CHEMICALS LTD Vs. KIRIT B BAROT

JUDGEMENT

(1.) Heard learned senior advocate Mr.K.M.Patel with learned advocate Mr.Varun Patel for the petitioner and learned advocate Mr.T.R.Mishra for the respondent, at length.

(2.) Appellant herein filed Special Civil Application seeking to challenge order dtd. 29/1/1998 passed by the Industrial Tribunal, Rajkot rejecting the application of the appellant - petitioner for permission under Sec. 33(3) of the Industrial Disputes Act, 1947, being Permission Application (IT) No.5 of 1992. Learned Single Judge dismissed the petition as per her judgment and order dtd. 27/4/2017. It is this judgment and order which is sought to be called in question by the appellant preferring this Letters Patent Appeal under Clause 15 of the Letters Patent.

(3.) Noticing the facts in the background, the respondent - workman was a welder in the Erection Department of the appellant Company. On 20/3/1992. Charge-sheet was issued to the workman alleging against him that on 18/2/1992, while he was on duty in second shift went out of the premises after punching the punch-card and taking gate pass, however did not return to duty till the end of the day. It was alleged that he went out at 7:00 p.m. but did not return till the end of the duty and that he thereby misled the superior officer. It was alleged that the punch-card was illegally used and in the punch-card the time of attending duty was wrongly stated by tampering with the punch clock. The charge-sheet provided for cut in the salary in respect of period of absence. The reply of the workman was asked for and departmental inquiry was initiated. The workman was suspended pending inquiry, mentioning so in the charge- sheet itself.