Chief Manager R S R T C vs Brajmohan Meena Lrs Ors
2021 Latest Caselaw 309 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

                S.B. Civil Writ Petition No. 2207/2016

Chief Manager, Rajasthan State Road Transport Corporation,
Jhalawar Agar
                                                                    ----Petitioner
                                    Versus
1. Brajmohan Meena S/o Shrilal Meena
Conductor (Deceased During Proceedings)
     1/1. Smt. Kanti Bai W/o Late Brajmohan Meena.
     1/2. Manakchand S/o Late Brajmohan Meena.
     1/3. Sunita D/O Brajmohan Meena.
     1/4. Avinash S/o Late Brajmohan Meena.
All resident of Village Khandela, Post-Yardana, Tehsil-Atru, Distt.-
Kota, Rajashan.




                                                                 ----Respondents

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

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Order

15/01/2021

1. The applicant-petitioner in this writ petition challenges the

order passed by the learned Labour Court rejecting the application

moved by the petitioner under Section 33(2)(b) of the Industrial

Disputes Act vide judgment dated 27.08.2015 and also challenges

the order dated 1.12.2014 whereby the learned Labour Court

declared the inquiry conducted by the petitioner as unfair.

2. Learned counsel for the petitioner submits that the Court

ought not to have declared the inquiry to be unfair as the

petitioner was satisfied with the inquiry conducted.

(2 of 2) [CW-2207/2016]

3. I have considered the submissions and the perused the order

of the learned Labour Court declaring the inquiry to be unfair and

find that the Court has examined the inquiry proceedings and has

given a finding that the Inquiry Officer himself conducted cross-

examination and even the departmental representative was not

present in the inquiry. One witness Mr. Dhanraj was actually not

even cross-examined by the Inquiry Officer, virtually the Inquiry

Officer became the prosecuting authority.

4. Keeping in view the same, the Court has declared the inquiry

as unfair and contrary to the principles of natural justice.

Subsequently, the application under Section 33(2)(b) was rejected

by the Court vide its impugned order dated 27.8.2015 on the

ground that the inquiry was already declared unfair and as the

respondent-workman had expired, further inquiry could not be

conducted at the level of the Court. Contention of learned counsel

for the petitioner is that the deceased-workman had accepted the

inquiry proceedings as fair and also cannot be accepted by this

Court as the said document which the learned counsel wants to

rely upon has not been proved before the learned Labour Court.

5. In view thereof, the finding arrived at and conclusions drawn

by the learned Tribunal Labour Court, Jaipur while passing the

order dated 27.8.2015, cannot be said to be in any manner illegal

or unjustified or beyond its jurisdiction.

6. In view thereof, the petition is devoid of merits and is

accordingly dismissed.

(SANJEEV PRAKASH SHARMA),J

SAURABH YADAV /670/42

Powered by TCPDF (www.tcpdf.org)