LEKH CHAND TIWARI Vs. CHIEF MANAGER

JUDGEMENT

(1.) Heard.

(2.) This appeal arises out of order dtd. 12/7/2016 passed by the learned Single Judge, by which the writ petition filed by the respondent-Rajasthan State Road Transport Corporation was allowed and the case was remanded to the Industrial Tribunal, Jaipur (for short 'the Industrial Tribunal') for considering afresh.

(3.) Brief factual matrix giving rise to present appeal and as adumbrated in the order passed by the learned Single Judge is that the appellant-workman, while working as a conductor in the service of Rajasthan State Road Transport Corporation (for short 'the Corporation'), was subjected to two different departmental inquiries under two charge sheets. In both the inquiries, charges were found proved and taking into consideration the past conduct and seriousness of the allegations levelled against the appellant, the punishment of dismissal from service was inflicted upon the appellant-workman. The Corporation moved an application under Sec. 33 (2)(b) of the Industrial Disputes Act, 1947 (for short 'the Act') before the Industrial Tribunal seeking its approval to the order of punishment of dismissal from service. The Tribunal, however, was of the view that the inquiry was unfair as no permission was granted to lead evidence to prove the charges and dismissed the application vide order dtd. 9/1/2006. Aggrieved by the order of the Tribunal, respondents filed writ petition under Article 226 of the Constitution of India seeking interference and intervention mainly on the ground that the Tribunal's findings that the two inquiries were unfair and not in accordance with law were perfunctory casual and without consideration of entire material on record. An incidental issue of entitlement of the management to prove the charges by leading evidence in case the inquiry was found to be unfair, also cropped up for consideration.