A. G. MIRZA Vs. CHIEF ENGINEER (GENERATION)

JUDGEMENT

(1.) This appeal under Clause 15 of the Letters Patent has been filed by the appellant - workman on being aggrieved by the oral judgment dtd. 8/1/2016 passed by the learned Single Judge. The learned Single Judge by the oral judgment under challenge, allowed the petition of the employer and quashed and set aside the order dtd. 4/8/2002 passed by the Industrial Tribunal at Nadiad, in Permission Application (IT) No. 1 of 2000, whereby the Tribunal had rejected the employer's application seeking to terminate the services of the appellant.

(2.) The factual background has been set out by the learned Single Judge in paragraphs 2 to 2.9 of the order and therefore we reproduce the same so as to avoid repetition and unnecessasrily burden the record of this appeal. Paras 2 to 2.9 read as under:

(3.) Mr.T.R.Mishra, learned counsel appearing for the appellant - workman, would take us through the order of the Tribunal, supporting it and submit that the learned Tribunal had recorded sufficient reasons to come to the conclusion that the domestic inquiry conducted against the appellant was conducted in violation of principles of natural justice; there was victimization; that the appellant was denied the opportunity to cross-examine a witness; that he was not supplied documents which were requested and therefore, in the submission of the learned counsel for the appellant - workman, the Tribunal in exercise of its jurisdiction under Sec.33(3) of the Industrial Disputes Act, had rightly rejected the application for permission to the employer to dismiss the appellant - workmen.