RAJKUMAR SITALDAS KESWANI Vs. GENERAL MANAGER

JUDGEMENT

(1.) The present Letters Patent Appeals filed under Clause 15 of the Letters Patent, 1865, are directed against the common judgment and order dtd. 26/12/2016 passed by the learned Single Judge, wherein and whereby, the learned Single Judge has allowed the writ petition being Special Civil Application No.13344 of 2015 filed by the employer - Western Railways and rejected the writ petition being Special Civil Application No.20726 of 2015 filed by the employee of the Western Railways. In the captioned writ petitions filed by the railways and the employee of the railways had assailed the judgment and award dtd. 8/12/2014 passed by the Central Government, Industrial Tribunal cum Labour Court, Ahmedabad (in short, "the Tribunal") in Reference (CGITA) No.142 of 2012.

(2.) As recorded by the learned Single Judge, the employer has challenged the part of award whereby the punishment imposed upon the workman came to be reduced after holding that the charge Nos. (ii) and (iii) were not established and the workman assailed the impugned judgment and award on the ground that the Tribunal ought to have exonerated him having regard to the nature of evidence adduced during the inquiry.

(3.) The writ petitions were entirely premised on the findings of the inquiry officer and the nature of the evidence adduced during the departmental proceedings.