TATA CHEMICALS LTD Vs. ANILKUMAR SINGH CHAUHAN

JUDGEMENT

(1.) Heard Mr. K.M. Patel, learned Senior Advocate with Mr. Varun Patel learned Advocate for the petitioner and Mr. Mukul Sinha, learned Advocate for the respondent.

(2.) Learned advocate for the petitioner further submitted that the Officer, who was assaulted by the respondent had filed police complaint also, wherein after taking statements of irrelevant persons, the police-authorities had filed B-Summary under the provisions of Code of Criminal Procedure. It is stated that the said F.I.R. or filing of B-Summary by the police is not the subject-matter of this petition.

(3.) Learned advocate for the petitioner has also drawn the attention of the Court to the fact that police had not recorded the statements of any of the person who were witnesses in the departmental inquiry and under these circumstances the Labour Court could not have held that the respondent was not guilty on the basis of B-Summary report of the police. Specific attention of the Court is drawn to paragraph-7 of the petition in this regard. It is contended by the learned advocate for the petitioner that, filing of B-Summary by the police authorities would not change the complexion of the departmental inquiry against the respondent or the finding recorded by the Inquiry Officer, which is not even challenged by the respondent. Attention of the Court is drawn to the specific finding recorded by the Labour Court that the respondent has given up challenge to the legality of the inquiry held against him.