Dismissed

Chief Manager v. Shri Mahesh Das Swami S/O Shri Shri Kishan Das, Ex-Conductor

Rajasthan HC19 Oct 2020CW/8628/2020

Case brief

AI extract

What is this about?

This High Court dismissed a writ petition challenging a Labour Court order that rejected an application for approval of workman removal. The court held the enquiry was unfair due to the-defence witnesses' absence and found no merit in the intervention.

What did the court decide?

The writ petition is dismissed; all pending applications are disposed of.

Chief Manager Vs Shri Mahesh Das Swami S/O Shri… — Service and Employment | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 8628/2020

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Chief Manager, Rajasthan State Road Transport Corporation, Bundi Agar.

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----Petitioner

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Versus

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Shri Mahesh Das Swami S/o Shri Shri Kishan Das, ExConductor, Rani Bazar Bagi Nara, Bikaner (Rajasthan) (Died During Pendency Of Proceedings)

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Smt. Pushpa W/o Late Shri Mahesh Das Swami, Rani Bazar Bagi Nara, Bikaner (Rajasthan)

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Mamta D/o Late Shri Mahesh Das Swami, Rani Bazar Bagi Nara, Bikaner (Rajasthan)

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Ashok Swami S/o Shri Mahesh Das Swami, Rani Bazar Bagi Nara, Bikaner (Rajasthan)

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----Respondents

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For Petitioner(s) : Mr. Om Prakash Sheoran For Respondent(s) :

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Order

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19/10/2020

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The petitioner, by way of this writ petition, assails the order dated 7.8.2019 whereby the application was moved under Section 33(2)B of Industrial Tribunal Act, 1947 seeking approval of removal from service of the respondent-workman by RSRTC was rejected.

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Learned counsel for the petitioner submits that during the course of enquiry, the workman was not present on the particular date and therefore, the defence was closed. The said aspect has been examined by the learned Labour Court and it was found that

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(2 of 2)

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[CW-8628/2020]

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the enquiry was unfair as the respondent-workman sought opportunity to produce the evidence in his defence and both the so-called witnesses were not present. The presumption was wrong that they were nearby bus stand and were therefore having knowledge of their evidence would be recorded. Both the witnesses were not present and were employees of the Roadways, which should have been produced. Taking into consideration the said aspects, the learned Labour Court has proceeded to hold the enquiry, is in unfair. As the workman has expired, the opportunity to lead the evidence before this court was also not required to be given in view of the law laid down by this court as reported and quoted in the case of Smt. Prem Kumari Vs. Central Industrial Tribunal : 1995 (70) FLR 244

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Keeping in view the aforesaid, this Court does not find any reason to interfere in the matter by exercising its jurisdiction under Article 227 of the Constiution of India and therefore, order passed by the learned Labour Court is found to be judicious and in conformity with the principles laid down by this Court from time to time.

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In view thereof, the writ petition is found to be devoid of merits and the same is accordingly dismissed.

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All pending applications also stand disposed of.

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(SANJEEV PRAKASH SHARMA),J

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Anu /397

Chief Manager v. Shri Mahesh Das Swami S/O Shri Shri Kishan Das, Ex-Conductor

Case brief

What is this about?

What did the court decide?

Chief Manager v. Shri Mahesh Das Swami S/O Shri Shri Kishan Das, Ex-Conductor

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

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