GANDHI LABOUR INSTITUTE Vs. VITHALBHAI DAYABHAI KATARIA

JUDGEMENT

(1.) 1. Shri Nandish Chudgar, learned Counsel for the petitioner; Shri T.R. Mishra, learned Counsel for the respondent.

(2.) The employer, being aggrieved by the award dated 12.12.2000 passed by the Presiding Officer, Labour Court, Ahmedabad, in Reference [LCA] No. 12/97 [old Reference [LCA] No. 248/93] is before this Court with a submission that the findings recorded by the learned Labour Court are perverse and consequently the award deserves to be quashed.

(3.) The short facts necessary for disposal of the present writ application are that the respondent workman was employed as a Peon with the petitioner-establishment; the establishment wanted to employ some persons as Clerks, therefore, they had invited certain applications. 15 persons were taken into zone of consideration after short-listing, there was a direction to the respondent to send interview calls to each of the 15 persons by post. The allegations are that instead of mailing the post, the workman went to the houses of those candidates, informed them that the workman/respondent was to sit in the interview and if an amount of Rs.50/- was paid to him, he would see that such person was appointed. When some of the candidates appeared in the interview, they found that the present respondent was not in the panel of the interview committee, therefore, they made inquiries. On getting suspicious, the petitioner establishment made certain inquiries, they found that the workman had committed misconduct by collecting money and by making impersonation. Charge sheet was issued to the workman but however, in absence of supply of documents etc., the workman did not take part in the inquiry, the inquiry culminated into the guilt of the non-applicant workman and he was ordered to be sacked. Being aggrieved by the said order of termination, the workman came to the Labour Court. The Labour Court, after recording evidence, came to a conclusion that the inquiry was vitiated being in violation of the principles of natural justice. The Labour Court, however, granted opportunity to the present petitioner to substantiate the allegations of misconduct and provided opportunity to the parties to lead evidence.