THE MANAGER, CENTRAL WORKSHOP, MAHARASHTRA STATE ROAD TRANSPORT CORPORATION, AURANGABAD Vs. ASHOK SAMBHAJI PHALKE, AGE MAJOR, OCCU. EX

JUDGEMENT

(1.) The present petition has been filed against the judgment and award dated 2nd Feb., 1995 passed by the Labour Court at Aurangabad in Reference (IDA) No.128 of 1990 whereby the present Petitioner was directed to reinstate the present Respondent with continuity of service and back-wages from 7th Sept., 1990.

(2.) Facts relevant for decision of the present petition are thus:

(3.) It was the contention of the present Petitioner before the Labour Court that a proper Domestic Enquiry was conducted against the Respondent and since he was found guilty of the charges levelled against him in the said Departmental Enquiry, punishment of dismissal from service was imposed on him. It was the further contention of the Petitioner that in case the Court comes to the conclusion that the enquiry held against the Respondent was illegal, an opportunity may be given to the Petitioner to lead evidence before the Court to prove the charges levelled against the Respondent. As against it, it was contended by Respondent that the enquiry shown to have been conducted against him was in fact a farce of an enquiry. It was further contended by him that during the relevant period, he was lodged in a prison in one criminal case against him for an offence under Sec. 302 of the Indian Penal Code. It was his further contention that the entire enquiry was conducted against him when he was so lodged in jail and thus, the enquiry conducted against him was an ex-parte enquiry without giving any opportunity of hearing to him.