Divisional Controller vs Y.M. Patel

M.R. Shah, J.—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 judgment and award dated 12/08/2009 passed by the Industrial Tribunal No. 1, Vadodara in Reference (I.T.) No. 4/2004 by which the learned Industrial Tribunal has allowed the Reference by quashing and setting aside the punishment imposed by the disciplinary authority dated 25/04/2009.

Having heard the learned advocates appearing on behalf of the respective parties, it appears that legality and validity of the inquiry was not challenged by the Respondent and the Respondent challenged the findings given by the Inquiry Officer. It appears that on non production of the relevant documents with respect to the inquiry the learned Industrial Tribunal has drawn adverse inference and has held that the inquiry was not legal and valid. It is to be noted that the legality and validity of the inquiry was not challenged by the Respondent-workman and what was challenged by the Respondent was the findings of the Inquiry Officer.

Under the circumstances, it prima facie appears that the learned Industrial Tribunal was not justified in holding that the inquiry was not legal and valid. Now so far challenging the findings of the Inquiry Officer by the Respondent is concerned, it appears that the record, inclusive of the report of the inquiry officer, was not produced.

There is a broad consensus between the learned advocates appearing on behalf of the respective parties that for that purpose the matter be remanded to the learned Industrial Tribunal for production of the relevant records, inclusive of the report of the Inquiry Officer only for the purpose of considering the findings of the Inquiry Officer. The learned advocates appearing on behalf of the respective parties do not invite any further reasoned order as the matter is to be remanded to the learned Industrial Tribunal to consider the findings of the Inquiry Officer and any observation by this Court may prejudice the case of either parties.

In view of the above and for the reasons stated hereinabove, the present petition succeeds in part. The impugned judgment and award passed by the Industrial Tribunal, Vadodara dated 12/08/2009 in Reference (I.T.) No. 4/2004 is hereby quashed and set aside and the matter is remanded to the Industrial Tribunal for deciding the same afresh in accordance with law on its on merits. So far as the finding of the Inquiry Officer is concerned it will be open for the Petitioner to produce on record the relevant record, inclusive of the inquiry report for the purpose of considering the findings of the Inquiry Officer by the Industrial Tribunal and the Industrial Tribunal to consider the same only for the aforesaid purpose. Rule is made absolute to the aforesaid extent. No cost.