GULSHAN KUMAR Vs. PRESIDING OFFICER,

JUDGEMENT

(1.) Challenge in this petition is to the award dtd. 24/3/2011 passed by the Presiding Officer, Industrial Tribunal -cum- Labour Court, UT, Chandigarh declining the reference.

(2.) Notice of motion was issued on 10/1/2012. Reply was filed to contest the case. However, no replication has been filed to the written statement refuting the averments made therein. When this matter came up for hearing on 9/2/2015, following order was passed The petitioner was a contractual employee who was alleged to be pilfering diesel and selling it to someone outside. A preliminary enquiry was held in this regard and the statement of the petitioner also recorded where he confessed to his guilt. Learned counsel for the petitioner strenuously disputes this fact and states that the petitioner was never examined and he never confessed his guilt. A specific averment has been recorded by the Tribunal in this regard and it has also been stated that an opportunity to cross-examine the witness was given to the petitioner which he did not avail of. The Court would have ordinarily accepted the finding recorded by the Tribunal unless something contrary is shown, but since the petitioner insisted that such findings are absolutely wrong and his statement was never recorded, the Court would be inclined to summon the record of the Enquiry Officer, but would also burden the petitioner with exemplary costs, in case such an averment as is sought to be projected, is found to be incorrect to the record. Confronted with the situation, learned counsel for the petitioner prays for some time to seek instructions in the matter. List for further proceedings on 10/8/2015.

(3.) The record of the Industrial Tribunal -cum- Labour Court, UT, Chandigarh summoned by this Court has been received and perused.