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2005 DIGILAW 255 (GUJ)

GUJARAT STATE ROAD TRANSPORT CORPORATION v. S. V. THAKOR

2005-04-06

R.S.GARG, RAVI R.TRIPATHI

body2005
R. S. GARG, J. ( 1 ) HEARD the learned counsel for the appellant. None for the respondent though served. On a submission made by the learned counsel for the appellant that unless it is held by the Labour Court that the inquiry was invalid or it was conducted in violation of the principles of natural justice or the rules governing the inquiry, the Labour Court would have no jurisdiction to interfere with the findings recorded by the Inquiry Officer, we issued notice to the respondent. This Division Bench after going through certain judgements of the Supreme Court has already held that in a given case where inquiry procedure is not challenged or is not found to be invalid or bad the Labour Court would still have jurisdiction to go through the question whether findings recorded by the Inquiry Officer are perverse or not and if the findings are found to be perverse then the Labour Court would have jurisdiction to interfere in the matter. ( 2 ) AS in our opinion the Labour Court had jurisdiction to interfere into the matter after recording a finding that the findings recorded by the Inquiry Officer were perverse, we must hold that the Labour Court had jurisdiction to interfere in the matter. The learned Single Judge was absolutely justified in not interfering in the matter. We find no reason to interfere. The Appeal is dismissed. Rule is discharged. No order as to costs. .