GUJARAT STATE COOPERATIVE LANDDEVELOPMENT BANK LTD Vs. PRAVINCHANDRA CHANDULAL MODI DECD. THRO' HIS HEIRS

JUDGEMENT

(1.) The present appeal is directed against the order dated 21.09.2012 passed by learned single Judge of this Court in SCA No.5587 of 2000, whereby learned single Judge, for the reasons recorded in the order, has dismissed the petition and has not interfered with the award passed by the Industrial Tribunal for not granting approval to the order of dismissal since it was found to be in breach of the principles of natural justice.

(2.) We have heard Mr.Mitul Shelat, learned counsel appearing for the appellant and Mr.Clerk, learned counsel appearing for the respondents by caveat.

(3.) The contention raised on behalf of the appellant is that even if it is considered that the plea for allowing the employer to lead evidence for proving the charge against the employee was not taken in the written statement, application for such purpose was made at Exh.37 and, therefore, once the Industrial Tribunal found that there was breach of principles of natural justice, the Industrial Tribunal ought to have granted an opportunity to the employer, appellant herein, to lead evidence for proving the charge against the employee. As opportunity was not given to the petitioner-appellant, it can be said that the Industrial Tribunal committed error apparent on the face of record, which was a good ground for interference by learned single Judge in the petition. As the said aspect has not been properly considered by learned single Judge, this Court may consider in the appeal. In support of his submission, learned counsel relied upon decision of the Apex Court in Divyash Pandit v. Management, NCCBM, 2007 15 SCC 787 and more particularly the observations made at para 8 of the said decision.