Rajasthan State Road Transport Corporation through Chief Manager, Jaipur v. Ramavtar son of Gopi Ram
2016-11-16
MAHESH CHANDRA SHARMA
body2016
DigiLaw.ai
JUDGMENT : Mahesh Chandra Sharma, J. Heard learned counsel for the parties and after hearing both the parties, this appeal is being disposed of at this stage. 2. Brief facts of the case are that this appeal has been filed against the impugned judgment and award under appeal. 3. At the very outset, learned counsel for the appellant/s submits that the learned Tribunal while passing the impugned award has not taken into consideration the grounds which have been taken in the instant appeal. The finding of learned Tribunal on issue No/s. 1 and 2 is contrary to the material available on record. Thus, the impugned award passed by the learned Tribunal qua issue No/s.1 and 2 be quashed and set aside and the matter be remanded to the learned Tribunal with the direction to decide the matter afresh in the light of grounds taken in the instant appeal. 4. On the other hand, the learned counsel for the respondents, though opposed the same but requested that the learned Tribunal be directed to hear him/them at the time of deciding the matter afresh on the aforesaid issue/s, and he may be permitted to raise all the objections, grounds which he raised/taken before the Court. I have heard learned counsel for the parties and carefully perused the relevant material on record including the impugned award. 5. In my considered view, the learned Tribunal while passing the impugned award has not gone through the facts of the case and passed the impugned award surreptitiously. Thus, the impugned award passed by the learned Tribunal needs interference by this court. 6. In the result, the appeal is partly allowed and the impugned judgment and award passed by learned Tribunal qua issue Nos. 1 and 2 is quashed and set aside with the direction to the learned Tribunal to decide the matter afresh as early as possible, qua issue No/s. 1 and 2 in the light of grounds taken by the appellant/s in the aforesaid appeal and in the light of the judgments, which they want to place reliance, if any, after issuing notice to all the concerned parties and giving opportunity of hearing to them. 7. Both the parties request for specific date for appearing before the trial court, hence they are directed to appear before the learned Tribunal on 5.3.2017. Record, if any, be sent back to the court concerned.