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SCA/5081/2010 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5081 of 2010
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
=========================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================
GUJARAT
STATE ROAD TRANSPORT CORPORATION - Petitioner(s)
Versus
CHANDRAKANT
JERAMBHAI MER - Respondent(s)
=========================================
Appearance :
MR
HARDIK C RAWAL for
Petitioner(s) : 1,
RULE SERVED for Respondent(s) : 1,
MR DM
DEVNANI for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 28/10/2010
ORAL
JUDGMENT
1. By
way of this petition under Article 227 of the Constitution of India
the petitioner-Gujarat State Road Transport Corporation has prayed
for an appropriate writ, order or direction quashing and setting
aside the impugned judgement and award dated 17/11/2009 passed by the
learned Presiding Officer, Labour Court, Kachchh at Bhuj in Reference
(L.C.B) No. 21/2004 by which the learned Labour Court has allowed the
Reference quashing and setting aside the action of the
petitioner-Gujarat State Road Transport Corporation dismissing the
respondent-workman from service declaring the departmental inquiry
held against the respondent as illegal and in breach of principles of
natural justice.
2. Shri
Hardik Raval, learned advocate appearing on behalf of the petitioner
has vehemently submitted that assuming without admitting that the
finding given by the Labour Court, declaring the departmental
inquiry, is illegal and in breach of principles of natural justice,
in that case also, it will be open for the petitioner to prove the
charge by leading evidence as if no departmental inquiry was held
at all, and, therefore, it is requested to remand the matter to the
Labour Court permitting/allowing the petitioner to lead the evidence
and to prove the charge and the misconduct levelled against the
respondent-workman.
3. Shri
Devnani, learned advocate appearing on behalf of the respondent has
submitted that in that case considering the fact that the
respondent-workman is out of job since 2000 the Labour Court may be
directed to decide and dispose of the Reference, on remand, within
the stipulated time. The learned advocates appearing on behalf of
the respective parties do not invite any further reasoned order.
4. In
view of the above and for the reasons stated hereinabove and the
broad consensus between the learned advocates appearing on behalf of
the respective parties and keeping the larger question whether can
the Inquiry Officer and the disciplinary authority be the same and/or
in case the Inquiry Officer and the disciplinary authority is the
same, whether the same would be in breach of principles of natural
justice or not. Keeping all the aforesaid questions open, the
present Special Civil Application is allowed in part and the impugned
judgement and award passed by the Labour Court, Kachchh at Bhuj dated
17/11/2009 in Reference (L.C.B.) No. 21/2004 is hereby quashed and
set aside and the matter is remanded to the Labour Court, Kachchh at
Bhuj for deciding the same afresh in accordance with law on its own
merits reserving the liberty in favour of the petitioner to prove the
charge and lead appropriate evidence and it will be open for the
respondent to lead the evidence contrary. The aforesaid exercise
shall be completed within a period of nine months from the date of
receipt of the present order. All concerned are directed to
cooperate with the learned Labour Court for deciding the Reference at
the earliest and within the stipulated time stated hereinabove and
the learned advocates appearing on behalf of the respective parties
have assured the Court that their counter part shall not ask for any
unnecessary adjournment and will give full cooperation in early
disposal of the Reference within the stipulated time stated
hereinabove. It is made clear that this Court has not expressed any
opinion on merits in favour of either parties and it will be
ultimately for the Labour Court to pass an appropriate order in
accordance with law on its own merits. Rule is made absolute to the
aforesaid extent.
5. Registry
is directed to send writ of this order to the Labour Court, Kachchh
at Bhuj immediately.
(M.R.
SHAH, J.)
siji
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