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MANINDRA MOHAN SHRIVASTAVA, GANESH RAM MEENA
Lekh Chand Tiwari – Appellant
Versus
Chief Manager – Respondent
JUDGMENT
1. Heard.
2. This appeal arises out of order dated 12.07.2016 passed by the learned Single Judge, by which the writ petition filed by the respondent-Rajasthan State Road Transport Corporation was allowed and the case was remanded to the Industrial Tribunal, Jaipur (for short 'the Industrial Tribunal') for considering afresh.
3. Brief factual matrix giving rise to present appeal and as adumbrated in the order passed by the learned Single Judge is that the appellant-workman, while working as a conductor in the service of Rajasthan State Road Transport Corporation (for short 'the Corporation'), was subjected to two different departmental inquiries under two charge sheets. In both the inquiries, charges were found proved and taking into consideration the past conduct and seriousness of the allegations levelled against the appellant, the punishment of dismissal from service was inflicted upon the appellant-workman. The Corporation moved an application under Section 33 (2)(b) of the Industrial Disputes Act, 1947 (for short 'the Act') before the Industrial Tribunal seeking its approval to the order of punishment of dismissal from service. The Tribunal, however, was of the view that
Management must seek permission to lead evidence in cases of unfair inquiry at the outset, as established by precedent.
The Labour Court must first determine the validity of domestic enquiry before evaluating evidence presented for dismissal in industrial disputes.
The management's right to challenge the validity of a domestic enquiry and present fresh evidence is contingent upon the preliminary findings of the Tribunal, and such challenges should not delay the....
Labour Courts must refrain from re-evaluating evidence after confirming the fairness of a disciplinary inquiry; interference is only permissible when findings are perverse or lack evidence.
Strict rules of evidence are not applicable to the proceedings before Labour Court/Tribunal but essentially the rules of natural justice are to be observed in such proceedings.
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