RAJ SHEKHARAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order passed by the learned Single Judge in S. B. Civil Writ Petition No. 51 of 1986 decided on February 24,1986. The learned Single Judge rejected the petition filed by the appellant petitioner challenging the legality and validity of award dated June 3,1985. By the said order the reference made by the appropriate Government has been rejected by the labour court. The dispute referred to the Labour Court was , as to whether the dismissal of the petitioner from service as Store Munshi was legal and valid. If not, to what relief he was entitled to ?

(2.) THE facts in brief leading to this appeal are as follows. THE petitioner was serving as Store Munshi in Mahi Bajaj Sagar Project Banswara on work- charge basis. He was suspended vide order dated October 21 1974 pending the enquiry. A charge-sheet was served upon him on October 22, 1974. After the conclusion of the depatmental enquiry he was ordered to be removed from service vide order dated August 31, 1976. In the departmental appeal before the Chief Engineer the petitioner failed. THEreafter he raised industrial dispute. THE appropriate government made reference vide order dated October 26, 1979. THE dispute referred to the Labour Court, Udaipur was as stated hereinabove. After recording evidence and hearing the parties the labour court rejected the reference as per award dated June 3, 1985. THE Labour Court answered the reference stating that the services of the claimant Raj Shekharan petitioner have been validly terminated by the non-claimants. He has got no right for reinstatement. He is not entitled to get any relief in the dispute.

(3.) LEARNED counsel for the petitioner submitted that by order dated June 16, 1982, Annexure 15 to the petition, the Labour Court allowed the application of the department to lead evidence in order to justify the order of dismissal. When the Labour Court passed this order, it held that in its opinion charge-sheet was not legal and valid nor the enquiry officer has given clear report. The enquiry report which has been submitted against the petitioner was not based on evidence. The conclusion which has been arrived at was also not based on evidence. Therefore, the enquiry report was not proper and the order of dismissal from service based on such report was illegal. After coming to this conclusion the Labour Court directed that the enquiry report submitted by the department be set aside. The Labour Court further directed that the application submitted by the respondent- department for permitting it to lead evidence be accepted and the department was permitted to lead evidence before the Labour Court. On the basis of this order and in view of the finding of the Labour Court that the enquiry was not just and fair, the petitioner should have been ordered to be paid the wages from the date of dismissal i. e. August 31,1976 up to the date of the award i. e. June 3, 1985. The learned Single Judge did not grant this prayer on the ground that it was a case of defective enquiry and it was not a case of no enquiry. In the opinion of the learned Single Judge if the enquiry was defective then the order that may be passed by the Labour Court after appraisal of the evidence would relate back. The learned Single Judge held that only in cases where the order of punishment is passed without holding any enquiry whatsoever the order of labour court would not relate back.