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1 - 10 of 10 (0.21 seconds)Calcutta Port Sharmik Union vs Calcutta River Transport Association & ... on 13 September, 1988
SCC 768; Calcutta Port
W.P.(C) 8472/2010 Page 6 of 15
Shramik Union v. Calcutta River Transport Association and Ors., 1988
(Supp.) SCC 768 and Sudhoo v. M/s Haji Lal Mohd. Biri Works and Ors.
1990 Lab. I.C. 1538 . Therefore, the issue which arises for consideration is
whether in the facts and circumstances of the case, which were brought on
record in the domestic inquiry proceedings and Labour Court, it could be
said that there was some evidence to hold the petitioner guilty of misconduct
alleged against him.
State Of Haryana And Anr. vs Rattan Singh on 22 March, 1977
It was the case of the management that the statement of three
passengers were recorded by Sh. Babu Lal, however, during his cross-
examination in the inquiry proceedings, he admitted that he had recorded the
statement of only one passenger and even his complete address was not
noted. No explanation was given as to why the statements of the remaining
two passengers were not recorded and why their complete addresses were
not noted. As to who were those passengers, has remained a mystery since
those passengers were not produced in the inquiry. No doubt in view of
State of Haryana & Another vs. Rattan Singh, (1982) 1 LLJ 46, it is not
necessary to produce the passengers. However, there should be some other
independent evidence to connect the workman with the alleged misconduct.
Although it is alleged that three un-punched tickets were given by the
W.P.(C) 8472/2010 Page 9 of 15
respondent/workman, however, original un-punched tickets were never
produced before the Court. Record reveals that an application was moved
by the petitioner to lead secondary evidence in regard to various documents.
While the management was permitted to lead secondary evidence regarding
the checking report, challan, charge sheet, show cause notice, removal letter
and past record but the prayer for proving the un-punched tickets by way of
secondary evidence was declined. Therefore, the submission of learned
counsel for the petitioner that the Labour Court misdirected itself in not
considering the un-punched tickets which were duly proved by the witnesses
of the petitioner is devoid of merits.
Roop Singh Negi vs Punjab National Bank & Ors on 19 December, 2008
20. Again in Roop Singh Negi vs. Punjab National Bank & Ors., AIR
2008 SC (Supp) 921, Hon‟ble Supreme Court observed:-
Union Of India And Ors vs Mohd. Ramzan Khan on 20 November, 1990
In Ramzan
Khan's case at para 18, it was observed as follows:
Managing Director Ecil Hyderabad Etc. ... vs B. Karunakar Etc. Etc on 1 October, 1993
25. For all the aforesaid reasons, I am of the view that the impugned
award does not fall in any of the categories referred above which warrants
interference.
Deepali Gundu Surwase vs Kranti Junior Adhyapak & Ors on 12 August, 2013
In this context, it will be relevant to reproduce the observations of
Hon‟ble Supreme Court in Deepali GunduSurwase vs. Kranti Junior
Adhyapak Mahavidyalaya (D.Ed.) and Ors. (2013) 10 SCC 324 where it
was held as under:-
Sadhu Ram vs Delhi Transport Corporation on 25 August, 1983
13. The scope of the jurisdiction of this Court under Article 226 of the
Constitution of India while examining the industrial award is limited. This
court does not sit in appeal over the findings returned by the Domestic
Inquiry Tribunal or Industrial Adjudicator. An award can be set aside only
if it is based on no evidence or contrary to any substantive law or it is in
violation of principles of natural justice as held in Sadhu Ram v. Delhi
Transport Corporation, AIR 1984 SC 1967; Harbans Lal v. Jag Mohan
(1985) 4 SCC 333; Calcutta Port Shramik Union v. Calcutta River
Transport Association and Ors., 1988 (Supp.)
The Indian Evidence Act, 1872
Anil Kumar vs Presiding Officer And Ors. on 8 May, 1985
In Anil Kumar vs. Presiding Officer and
Ors., AIR 1985 SC 1121, it was observed that a disciplinary inquiry is a
quasi-judicial inquiry and should be held in accordance with the principles
of natural justice. The inquiry officer has a duty to act judicially and to
apply his mind to the evidence.
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