AHMEDABAD MUNICIPAL TRANSPORT SERVICE Vs. RATILAL BHULSINH ZALA

JUDGEMENT

(1.) RULE. Learned advocate Mr.P.C.Chaudhari waives service of notice of rule on behalf of the respondent.

(2.) In the present writ petition, the petitioner-AMTS Transport Corporation has challenged the order dtd. 30/1/2020 passed by the Presiding Officer, Labour Court No.7, Ahmedabad in Reference (T) No.1321 of 2007 declaring the departmental inquiry as defective and also was not conducted in accordance with principles of natural justice.

(3.) Learned advocate Mr.Munshaw appearing for the petitioner has submitted that the full-fledged departmental inquiry was held against the respondent and he has been given full opportunity to represent his case and the same would be evident from the inquiry report. He has submitted that the Labour Court ought to have appreciated that in the departmental inquiry regarding allegation having possession of four tickets of Rs.37.00 not belonging to his box of the respondent and also a deficit of Rs.28.00 in his cash box was proved. It is submitted that the Labour Court ought to have appreciated that after the cross-examination of the respondent herein, he was directed to furnish a statement in defence, which was also considered by the disciplinary authority. Thus, he has submitted that the departmental inquiry was held in compliance of the principles of natural justice and hence, the Labour Court could not have passed the impugned order declaring the departmental inquiry as defective and in violation of principles of natural justice.