Rajasthan High Court - Jodhpur
State Of Raj vs Ram Prasad Pareek & Anr on 21 November, 2013
Author: Govind Mathur
Bench: Govind Mathur
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
ORDER
S.B. CIVIL WRIT PETITION NO.2318/2005
State of Rajasthan
Vs.
Ram Prasad Pareek & Anr.
DATE OF ORDER : 21.11.2013
PRESENT
HON'BLE MR. JUSTICE GOVIND MATHUR
Mr. RL Jangid, Sr. Adv. & Addl. Advocate General assisted by
Mr. H.S. Bishnoi, for the petitioner
None present for the respondent.
...
BY THE COURT :
In pursuant to order dated 11.11.2013 passed by a co-ordinate Bench, this matter came up for its adjudication in the spirit of Lok Adalat.
This petition for writ is preferred to question correctness of award dated 10.5.2004 passed by Industrial Tribunal cum Labour Court, Sri Ganganagar in Industrial Dispute No.05/2004.
Briefly stated, facts of the case are that the appropriate government by its notification dated 6.2.2004 referred an industrial dispute for its adjudication in the terms that "whether the imposition of penalty on workman Ram Prasad Pareek represented by General Secretary, Bhartiya Trade Union Kendra CITU Zila Committee, Sri Ganganagar by the employer Executive Engineer, Public Health and Engineering Department, City Division, Sri Ganganagar vide order No.939 dated 19.6.1999 is just and valid ? If not, then for what relief the workman is entitled ?".
: 2 :
The Labour Court under the award impugned held that the penalty was imposed upon workman under the order dated 19.6.1999 was passed without adhering the principle of natural justice and also without conducting any enquiry, as required.
The stand of employer in the petition for writ is that as a matter of fact, the enquiry was conducted as a consequent to charge-sheet issued to the workman. The relevant details of enquiry said to be conducted are referred in para (c) of grounds clause.
Having considered the averments contained in para(c) of grounds clause of writ petition, I deem it appropriate to set aside the award impugned with a specific direction to Labour Court to re-adjudicate the reference made to it by appropriate government under the notification dated 6.2.2004. The re-adjudication of the dispute shall be made after effecting service of notice upon the parties.
The writ petition stands disposed of accordingly.
[ GOVIND MATHUR, J.] Sanjay