MANAGING DIRECTOR Vs. PANKAJ U CHAUHAN

JUDGEMENT

(1.) By this petition under Article 227 of the Constitution of India, the petitioner Gujarat State Civil Supplies Corporation Limited challenges the award dtd.28/6/1998 passed by the Presiding Officer Labour Court, Ahmedabad in Reference (LCA) No.2044 of 1992.

(2.) On an inspection made on 21/4/1990, officers of the petitioner found certain illegalities at the Petrol Outlet, the respondent named Pankaj U. Chauhan was caught and was required to give his statement. According to the petitioner, the said respondent Pankaj U.Chauhan in his own handwriting submitted his statement and the statement was countersigned by Mr.A.V. Brahmbhatt and Mr.R.B. Kothari, two officers of the petitioner. After finding that the respondent had committed misconduct, notice to show cause was issued to him, he submitted his reply, workman - Pankaj U.Chauhan was examined during the course of the inquiry, he was confronted with his statement dtd.21/4/1990 and he categorically stated that his statement was obtained under duress, pressure and coercion through the Presenting Officer. He stated that it was dictated to him and under the surcharged atmosphere, he took down the dictation and affixed his signature. He denied his total liability and explained the conduct.

(3.) It is to be noted that Mr.A.V. Brahmbhatt and Mr.R.B. Kothari, who had countersigned the said statement, were not examined during the course of the inquiry, but the present petitioner simply relied upon the statement dtd.21/4/1990. On conclusion of the inquiry, a finding into the guilt of the respondent, was recorded. The respondent was issued second notice to show cause against proposed punishment of termination. The respondent submitted that as he has been found guilty, lesser punishment be awarded to him and he be not terminated from the service. However, the respondent was terminated, therefore, he came before the Labour Court.