DIVISIONAL CONTROLLER Vs. LILABHAI VISABHAI KUCHHADIYA

JUDGEMENT

(1.) Heard Ms. Mandavia, learned advocate for the petitioner, and Mr. Barot, learned advocate for the respondent.

(2.) In present petition, the petitioner corporation has challenged award dated 5.8.2008 passed by learned Tribunal at Ahmedabad in Complaint (IT) No.340 of 2006 in Reference (IT) No.37 of 2000 whereby the learned Tribunal rejected the approval application filed by the corporation seeking approval of its action viz. order dated 14.8.2006 whereby the Board terminated the service of present respondent.

(3.) So far as factual background is concerned, it has emerged from the record that present respondent was working with the corporation as a Conductor. For certain reported misconduct, the corporation had issued charge sheet dated 19.1.2001 against present respondent and it was alleged that he had not issued tickets to some passengers. In pursuance of the said charge sheet, domestic inquiry was conducted. The Inquiry Officer submitted his report / findings wherein the Inquiry Officer held that the allegations against the delinquent employee i.e. present respondent are proved. The corporation, thereafter, passed order dated 14.8.2006 and terminated service of the claimant, i.e. present respondent. However, since, at the relevant time, a dispute by way of Reference (IT) No.37 of 2000 was pending, wherein present respondent was a concerned workman, the corporation filed application under Sec. 33 of the Industrial Disputes Act [hereinafter referred to as "ID Act"] and sought approval with reference to order dated 14.8.2006. The learned Tribunal considered the approval application which was registered as application No.340 of 2006 and after examining the case on merits, learned Tribunal reached to the finding that since the Inquiry Officer had put certain questions to the delinquent employee during the proceedings of the departmental inquiry, the inquiry should be termed vitiated. On the said ground, the learned Tribunal rejected the approval application.