SHASHIKANT SRIKRISHNA SOMPURKAR Vs. TATA MEMORIAL HOSPITAL

JUDGEMENT

(1.) BY this writ petition under Article 226 of the Constitution, the petitioner-workman seeks to challenge award dated April 28, 1989 passed by the Industrial Tribunal in Application (IT) No. 53 of 1982 in Reference (IT) No. 298 of 1981 by which the Industrial Court allowed the application filed by respondent No. 1- Hospital under Section 33 (2) (b) of the Industrial Disputes act, 1947.

(2.) THE facts giving rise to this writ petition are as follows:

(3.) MR. Nargolkar, the learned Counsel appearing for the petitioner, submitted that in the present case, the Industrial Tribunal had erred in coming to the conclusion that where the enquiry is set aside, the Tribunal has to examine the case only on prima facie basis. He submitted that where the enquiry is set aside as defective, the Tribunal should have adjudicated the entire matter as in the case of adjudication under Section 10 of the Industrial Disputes Act and, therefore, on the very first principle, the Tribunal has erred in granting approval. Mr. Nargolkar submitted that once the enquiry is held to be defective, the Tribunal has the authority to decide the entire aspect in its entirety and not on a prima facie basis. In the circumstances, he submitted that the impugned award is bad in law since the order of dismissal has been approved on a prima facie basis. In this connection Mr. Nargolkar relied upon judgment of Kantharia, J. in the case of ganesh Rajan Servai v. Bennett Coleman and Co. reported in 1988 (1) CLR page 203.