HINDUSTAN AERONAUTIES LIMITED Vs. DADABHAI BADSHAH PATEL

JUDGEMENT

(1.) HEARD. Rule. The respondent waives service. By consent, the rule is made returnable forthwith and taken up for hearing.

(2.) THE petitioner challenges the impugned Award dated 25-8-2003 passed by the Industrial Tribunal, Mumbai on various grounds. However, it is not necessary to refer to all those grounds, suffice to refer to only one ground, namely, that the Tribunal appears to have totally ignored the important factual aspect of the matter while deciding the reference in as much as that it was brought to the notice of the Tribunal that the termination of the employee was in fact effected from 8-9-1992 consequent to the order of termination and not with effect from 15-5-1992. The entire discussion in the Award, however, appears to be on the basis that the termination was effected from 15-5-1992. Being so, the impugned Award on the said ground itself cannot be sustained and is liable to be set aside and the matter to be remanded to the Industrial tribunal to decide the same afresh, after hearing the parties. The direction to hear the parties does not include liberty to the parties to lead any further evidence in the matter. The matter will have to be decided on the basis of whatever materials which are already placed on record by the parties prior to the date of passing of the impugned Award.

(3.) HOWEVER, before passing the fresh Award, the parties are to be heard on the said materials on record and the same to be disposed of in accordance with the provisions of law. It is made clear that this Court has not expressed any opinion on any of the points sought to be raised in the petition, other than the one on which the matter is being remanded.