Pandit Vasudev Prabhas Rao v. Projects & Development India Ltd.
2005-02-22
N.SANTOSH HEGDE, S.B.SINHA
body2005
DigiLaw.ai
JUDGMENT : N. Santosh Hegde, J. Heard learned counsel for the parties. 2. On a reference being made at the instance of the appellant-workman a dispute as to his dismissal was referred to the Labour Court, Dhanbad which on consideration of the proceedings of the domestic inquiry came to the conclusion that the same was not fair. However, it gave an opportunity to both the parties to lead evidence and after considering the material that was brought on record the Labour Court by its award dated 8th September, 1995 set aside the order of dismissal and directed the re-instatement with full back wages of the appellant herein. A perusal of the award of the Labour Court shows that there has been a considerable discussion in regard to the evidence rendered by the various witnesses before the domestic inquiry as well as before it. It has also taken into consideration various documentary evidence produced by both the parties when it came to the conclusion that the management has failed to establish the misconduct alleged against the appellant. 3. In a writ petition challenging the said award the High Court in a very brief order without discussing the evidence that was brought on record either oral or documentary simply came to the conclusion that the management has clearly established the falsity of the claim of respondent No.2. On that basis it termed the award of the Labour Court as perverse and set aside the award. 4. We think that the High Court erred in not properly considering the various material that was brought on record based on which the Labour Court coming to the conclusion that dismissal of the appellant was erroneous. In such circumstances we think it appropriate to remit the matter back to the High Court for fresh disposal in accordance with law. We set aside the order of the High Court and remit the matter back to the High Court for disposal in accordance with law. However, we make it clear that we express no opinion in regard to the finding recorded by the trial court. 5. Taking into consideration the fact that the dispute is of the year 1991 we request the High Court to dispose of the writ petition as early as possible preferably within a period of six months from today. 6. The records may be sent back to the High Court immediately. 7.
5. Taking into consideration the fact that the dispute is of the year 1991 we request the High Court to dispose of the writ petition as early as possible preferably within a period of six months from today. 6. The records may be sent back to the High Court immediately. 7. With the above observations, the appeal is disposed of.