RAWAL SINGH Vs. RSRTC AND ORS.

JUDGEMENT

(1.) By this writ petition, a challenge is made to the order dated 21st October, 2014 passed by the Industrial Tribunal, Jaipur (for short "Tribunal").

(2.) Learned counsel submits that petitioner was dismissed from service without serving a charge sheet or affording reasonable opportunity of hearing, thus filed a complaint before the Tribunal under Sec. 33A of the Industrial Disputes Act, 1947 (for short "Act of 1947"). It was held to be maintainable vide order dated 25th April, 2014. The complaint was thereafter kept for hearing of the parties on fairness of enquiry. The enquiry was thereafter held to be fair and proper vide the impugned order. The impugned order was passed in ignorance of the fact that petitioner was not served with the charge sheet or given opportunity of hearing, as contemplated under para 35 of the Standing Orders. In view of the above, the enquiry conducted against the petitioner could not have been held to be fair and proper. Learned labour Court ignored the aforesaid while holding enquiry to be fair and proper.

(3.) Coming to the facts of this case, it is submitted that petitioner was served with the notice of hearing by the Enquiry Officer. The petitioner appeared before the Enquiry Officer but without service of charge sheet in four different cases and without leading evidence by the Corporation, the charges were found proved based on the admission of the misconduct by the petitioner. Referring to the para 35 of the standing orders, learned counsel submits that procedure for enquiry has been given therein but not followed in the instant case. In the light of the aforesaid, the enquiry against the petitioner vitiates.