INDIAN HOTELS COMPANY LTD Vs. JAGAT SINGH GUROW

JUDGEMENT

(1.) Rule. Respondent waives service. By consent Rule made returnable forthwith. Heard both sides.

(2.) By this petition under Art. 226 of the Constitution of India, petitioners are challenging the legality and propriety of the Award Part -I made by the 10th Labour Court, Mumbai, on 7th September 2006, in Reference IDA No.228 of 2003. By the impugned Award, the learned Judge has held that the respondent second party - workman before it has proved that the domestic enquiry conducted against him is not fair and proper and that the findings recorded therein are perverse.

(3.) Mr.Dube-Patil appearing for respondent urged that an Award of this nature (part I) which does not finally decide the rights of parties, requires no interference in this Court's discretionary, equitable and extra ordinary jurisdiction under Art. 226 of the Constitution of India, Mr.Singh, learned Senior Counsel appearing for petitioner, on the other hand urged that the conclusion reached with regard to fairness of the domestic enquiry and the findings recorded therein are vitiated by an error apparent on the face of record and that in a case of theft by respondent employee, the labour court, without satisfying itself with regard to the fairness of the enquiry and findings recorded therein, has rendered the impugned award.