SOMABHAI MAGANBHAI GADHVI Vs. ASHWIN VANASPATI INDUSTRIES LTD

JUDGEMENT

(1.) ALL the appeals are directed against the order dated 06.07.2010 passed by learned single Judge of this Court in respective petition, whereby learned single Judge, for the reasons recorded in the order, has dismissed all the petitions.

(2.) WE have heard Mr.Tiwari, learned counsel appearing for the appellants in all the appeals.

(3.) THE contention raised on behalf of the appellants is that the very witness in the criminal case for the same incident has made contradictory statement and, therefore, the Industrial Tribunal ought not to have relied upon the said statement. However, he fairly submitted that the evidence before the Industrial Tribunal was recorded at the first instance and evidence before the criminal Court was recorded at a later stage. He further submitted that the witness was not contradicted by the earlier deposition by following the procedure under section 145 of the Evidence Act. But in his submission, the advocate concerned who conducted the criminal case might not have knowledge about the said procedure to be followed and, therefore, he might not have put up that question. In his submission, once deposition is recorded and evidence has come in criminal case, for the purpose of attaching value of deposition made before the Industrial Tribunal, the said aspect is required to be considered. He submitted that in the criminal case, the workmen concerned are acquitted ultimately at the appellate stage and, therefore, it was a case where the allegation of beating the superior should not have been believed by the Industrial Tribunal.