DIVISIONAL MANAGER Vs. PRESIDING OFFICER

JUDGEMENT

(1.) Petitioner-Management has challenged the award dated 06.10.2016 (Annexure P/1) passed by Industrial Tribunal-cum-Labour Court (for short, "learned Tribunal") whereby, reference was decided by learned Tribunal in favour of the workman and order dated 30.06.2011 vide which two increments of the workman were stopped with cumulative effect, was set-aside.

(2.) Facts relevant for the purpose of decision of this writ petition; that the respondent-workman was facing departmental proceedings on the basis of charge sheet and departmental enquiry was conducted against him. The Enquiry Officer held the charges against the workman to be proved and thereafter the competent authority passed the order dated 30.06.2011 and the workman raised the industrial dispute. However, learned Tribunal, after considering the matter in its entirety, decided the reference in favour of the workman on the ground that the Enquiry Officer had gone wrong while placing reliance upon photocopies of some documents which were very essential for the decision of the matter in controversy itself.

(3.) On this point, learned counsel for the petitioner-Management contended that the original documents were lost and for that purpose, FIR was got registered and whatever material was available with the Management, the same was produced before the Enquiry Officer. Apart from that, the enquiry proceedings were on the basis of statement of members of the Inspecting team and the Enquiry Officer had returned the findings. Thereafter there was no ground for the learned Tribunal to take a different view as the scope for interference in such like disciplinary matters is restricted one.