PRABHU DAYAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition has been directed against the order of the Government, dated June 6, 1985 by which it has refused to refer the dispute to Industrial Tribunal relating to the dismissal of the petitioner from service.

(2.) THE ground for challenge is that the State Government has not considered the guidelines given by the Supreme Court in cases of ordering references. It is submitted that in cases of termination and dismissal referable for adjudication, as Industrial dispute defined under S. 2 (K.) and falling under S. 28 of the Industrial Dispute Act the Government can only refuse to make reference if the prayer is either perverse or frivolous else the workman has a right to get the case adjudicated from the Industrial Tribunal otherwise a workman has no other remedy or forum to challenge the order of dismissal which according to him is illegal and unjustified.

(3.) NOW, after the introduction of Section 11 A, the Industrial Tribunal has full power and jurisdiction to enquiry has been held and finding of misconduct recorded. The Tribunal is to satisfy itself whether the enquiry is fair and the evidence justifies the finding of misconduct. And even if the enquiry is held to be proper and the finding of misconduct is accepted, the Tribunal has also power and/or jurisdiction to consider whether the punishment requires modification. Further, neither the fact that no enquiry was held at all nor that the enquiry held is found to be defective, stands in the way of the employer to justify his action by adducing evidence before the Tribunal fort he first time.