CHIEF EXECUTIVE OFFICER, ZILLA PARISHAD, BULDANA Vs. TUKARAM S/O SUKHDEO DHUNDALE (DEAD) THROUGTH HIS LEGAL REPRESENTATIVE SHRI BALKRISHNA S/O TUKARAM DHUNDALE

JUDGEMENT

(1.) Heard Mrs. S.W.Deshpande, learned counsel for petitioner and Mr. Dhole, learned counsel for respondent.

(2.) By this petition the petitioner challenges the Judgment and Order dated 12.12.2001 passed by the Industrial Court, Akola in Complaint (ULP) No. 51/92 (Old Number Complaint (ULP) No. 406/92).

(3.) The original respondent Tukaram Sukhdeo Dhundale was working as gram sevak with the petitioner since 1.10.1962. The respondent was suspended from 15.10.1990 and inquiry was initiated against him and thereafter on 29.1.1991 charge sheet was issued against him in which there were 17 charges. The inquiry was held. After completion of the inquiry the petitioner passed order dated 11.5.1992 by which the petitioner imposed punishment upon the original respondent Tukaram Sukhdeo Dhundale and ordered recovery of amount of Rs.12,157/- along with interest from him. The original respondent filed Complaint under Section 28 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 ( The Act for short) challenging the order dated 11.5.1992. The petitioner filed written statement. Thereafter the respondent stepped in the box. However, the petitioner chose not to appear. Thereafter, the petitioner did not take part in the proceedings. According to the petitioner, it was on account of ill- health of the advocate appearing for the petitioner the proceedings proceeded ex parte. The Industrial Court held that inquiry conducted was not fair and proper. Since no opportunity was sought in the written statement to lead fresh evidence the Industrial Court set aside impugned order dated 11.5.1992. Aggrieved the petitioner is before this court.