HINDUSTAN SALTS LTD Vs. NOORADRAJ M PATHAN

JUDGEMENT

(1.) Heard learned advocate Mr.Pranav G. Desai on behalf of the petitioner and learned advocate Mr.Shailesh Parikh for respondent - workman. Today, this Court has allowed Misc. Civil Application No.293 / 2004 in SCA No.1163 / 1995 restoring this petition to its original file with all reliefs attached to the file and thereafter, with the consent of the learned advocates for the respective parties, this Court is inclined to hear and dispose of the present petition by this judgment and order.

(2.) The petitioner - Hindustan Salts Ltd. has challenged the order passed by the Labour Court, Surendranagar vide Exh.10 in Reference No.14 / 1991 dated 8th January, 1995, whereby the labour court, Surendranagar came to the conclusion that the departmental inquiry conducted against the workman is contrary to the principles of natural justice and vitiated. This Court, initially, issued Rule on 24th February, 1995 and by interim order stayed order of the order in question vide Exh.10 passed by the labour court, Surendranagar till further order. It is relevant to observe that the order passed by this Court is an exparte order. Affidavit-in-reply is filed by the respondent. Against which, Rejoinder is also filed by the petitioner - company and further Sur-rejoinder is also filed by the respondent - workman. In short, affidavit-in-reply, rejoinder of the petitioner and Sur-rejoinder of the workman are on record of the petition. The petitioner has produced xerox copy of the inquiry papers. The petitioner has also produced affidavit of Shri Bhawansinh Nagaba Zala at Exh.25 which is at page.19. Learned advocate Mr.P.G.Desai has challenged the impugned order before this Court on various grounds.

(3.) At the outset, it is necessary to highlight certain shocking facts of the present petition and it is nothing but a glaring example in labour jurisprudence to the effect that how the workman is subject to legal harassment by way of filing proceedings before this Court. Charge levelled against the workman, reads as under;