RAJASTHAN STATE ELECTRICITY Vs. JUDGE LABOUR COURT

JUDGEMENT

(1.) THIS special appeal under Section 18 of the Rajasthan High Court Ordinance, 1949 is directed against the judgment of a learned Single Judge of this Court dated February 24, 1986, by which the Award of the Labour Court, Jodhpur dated March 19, 1985 was up -held and the appellants' writ petition against it was dismissed.

(2.) BRIEFLY recapitulated, the material facts are that the respondent R.D. Joshi was employed as an Upper Division Clerk since 1978 in the Office of the Executive Engineer, Rajasthan State Electricity Board (in brief the R.S.E.B.'), Pali. He was put under suspension on March 25, 1980 by the Superintending Engineer, R.S.E.B. Jodhpur on account of certain serious irregularities and misconduct. The Management decided to initiate a regular domestic inquiry against him. R.D. Joshi thereafter remained absent. On February 16, 1981, the Superintending Engineer, R.S.E.B., Jodhpur, by his order Annexure -6, terminated the services of R.D. Joshi. Thereafter R.D. Joshi raised an industrial dispute and the State Government made the following reference for adjudication to the Labour Court, Jodhpur:

(3.) MR . Shishodia raised the following three contentions before us in challenging the judgment of the learned Single Judge: