KAMALUDDIN Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Ajit Kumar on behalf of the writ petitioner, Shri R.A.Gaur on behalf of the employers and Standing Counsel on behalf of other respondents. This writ petition is directed against an award of the Labour Court dated 27.11.2006 whereby the Labour Court has answered the reference in Adjudication Case No. 185 of 2002 against the workman and in favour of the employer. The Labour Court has recorded that the petitioner was negligent while driving the vehicle concerned and after holding enquiry a finding has been recorded that because of such negligence the Corporation has decided to remove him from service. Such order of the disciplinary authority has been found to be in accordance with law. Counsel for the petitioner with reference to the evidence lead before the Labour Court made an attempt to lead the Court to reappraisal of evidence .He contends that there was no fault of the driver concerned inasmuch as he was provided a defective vehicle. Suffice is to record that this Court in exercise of powers under Article 226 of the Constitution of India cannot reappraise the evidence and record its own conclusion for the purposes of substituting the conclusion drawn by the Tribunal. The other ground raised is that in view of Section 6(4)(i) of the Industrial Disputes Act, 1947 the workman had made an application before the State Government raising objections to the publication of the award on the ground that the award was illegal. The State Government after hearing the workman has proceeded to publish the Award under Section 6 (3). According to the writ petitioner he has not been served with the order of the State Government rejecting his objection. In my opinion non supply of the copy of the order of the State Government to the petitioner will not make the Award bad. Petitioner may obtain a copy under Right to Information Act, 2005. Writ petition is dismissed.