MANAGING DIRECTOR, CONFED Vs. RAMPAL

JUDGEMENT

(1.) The impugned award is so utterly flawed on all the aspects of the case that in order to restore justice, only a remand will do by making way for a fresh determination of the referred dispute. It appears that the Labour Court has not even acquainted itself with the file and seems to have decided this case on the facts of some other case. There were two stages of the trial. One was a determination of the preliminary issue as to whether the inquiry held was fair and proper. The Labour Court reached the conclusion that the inquiry was neither fair nor proper on totally fallacious findings which are contrary to record and don't match them.

(2.) The Labour Court says that the inquiry conducted by the management is flawed. In para.13 of the interim award/order, the Labour Court misread the statement of O.P. Sharma, WW-2 twisting it to mean that this witness called by the workman has admitted in his deposition that workman was made to depose first whereas the management should have adduced evidence to start with and then to have allowed workman to cross- examine that witness and after close of evidence by the management in the inquiry, only then statement of workman in defence should have been recorded. The Labour Court is convinced that no witness was examined by the Inquiry Officer in the first instance to prove the charges and no opportunity to cross-examine was given to the workman and therefore the inquiry is neither fair nor proper. Both these findings are completely erroneous, there being no admission in the testimony of O.P. Sharma, WW-2 as imagined by the Labour Court.

(3.) The Labour Court further says that no Presenting Officer was appointed. This is also far from the truth.