MANAGING DIRECTOR Vs. HAR PRASAD PATHAK

JUDGEMENT

(1.) HEARD learned counsel for the parties. This writ petition is directed against award dated 27.10.1998 given by Presiding Officer, Labour Court (IV), Kanpur in Adjudication Case No. 18 of 1998. The matter which was referred to the labour Court was as to whether the action of petitioner employer terminating the services of its workman respondent No.1 w.e.f. 12.09.1996 was just and valid or not.

(2.) AT the time of termination of services, respondent No.1 was working as booking clerk. The allegation against respondent No.1 was that the way bills from 15.08.1994 to 17.08.1994 submitted by a conductor before the respondent No.1 contained overwriting and lesser amount had been deposited by the conductor still they were passed by the respondent No.1. Before termination of services domestic enquiry was held. The respondent No.1 had admitted the cutting and overwriting, however he asserted that it was done by some other employees like posting clerk, senior clerk, junior clerk, junior and senior centre incharge, accountants and higher officers.

(3.) THE labour Court found some ultra technical/ trivial defects in the inquiry. Labour Court in Para -8 of the award held that the workman did not intend to cross -examine senior centre incharge, however he wanted to cross -examine junior centre incharge. Accordingly, Sri Rajendra Singh, Junior Centre Incharge appeared as a witness and proved its report and the workman cross -examined him. Thereafter, the labour court mentioned that only on this evidence report was submitted by the Inquiry Officer (I.O.). This is a strange finding. I.O. is required to give report on the basis of evidence available on record. There is absolutely no finding that the workman wanted to adduce some more evidence for which permission was not granted to him by I.O. A bald allegation was made before the labour court by the workman that he was not permitted to adduce evidence in defence, however there was absolutely no detail of the evidence which he intended to adduce whether oral or documentary, if oral then which witness he wanted to examine and if documentary, what document he wanted to adduce. In any case the documents which were allegedly not permitted to be filed by the I.O. could be produced by the workman before the labour court, however it was not done by the workman. Labour Court also held that along with the charge sheet, copy of the report was given to the workman but annexures of the said report were not provided. On this basis the labour court held that the enquiry was not fair. If the Annexures were not relied upon by the I.O., then their non -supply was not much relevant. There is no finding by the labour court that before the I.O. workman had made any complaint regarding non -supply of some documents.