The High Court dismissed the writ petition challenging the Labour Court's rejection of claims due to the petitioner's failure to appear before and protest against the inquiry report findings. The court found the Labour Court's decision justified.
The writ petition was dismissed as devoid of merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 18731/2013
Shyam Singh S/o Shri Onad Singh, Vill. Bhatpura, Post Prathvipura, Via Palsana, District Sikar.
----Petitioner
| --- | -Respondents | |
|---|---|---|
| For Petitioner(s) | : Mr. Shiven Gupta |
|
| For Respondent(s) | : Mr. Om Prakash Sheoran |
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
07/09/2020
The petitioner has assailed the order passed by the learned Judge, Labour Court and Industrial Tribunal, Ajmer, whereby the claim raised by the petitioner against the termination order dated 28th December, 2004 has been rejected and the inquiry conducted and orders passed on the said basis have been found to be legal and justified.
Learned counsel submits that the petitioner could not have appeared before the Inquiry Officer as his father was unwell.
However, I find that neither he has taken a plea before the inquiry officer nor he raised any objection at the time when the inquiry report was concluded which was published in the newspapers with regard to the holding of petitioner being guilty of the charges. It is noticed that the respondents have followed due procedure for conducting inquiry but the petitioner himself has
(2 of 2)
[CW-18731/2013]
chosen not to appear before the Inquiry Officer at any point of time or any stage. Keeping in view thereof, the learned Judge, Labour Court has reached to the conclusion that no relief can be granted to the petitioner. This court finds that the findings arrived at by the learned Judge, Labour Court do not warrant any interference.
In view of the above, the writ petition is found to be devoid of merits and the same is accordingly dismissed.
(SANJEEV PRAKASH SHARMA),J
FATEH RAJ BOHRA/6-41
1 issue framed by the court
Whether the writ court can interfere with the findings of the Labour Court that the petitioner's absence from the inquiry barred relief.
Shyam Singh S/o Shri Onad Singh
Labour Court And Industrial Tribunal, Ajmer
Chief Manager, Rajasthan State Road Transport Corporation, Ajmer Depot Ajmer
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
