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TMI Blog2012 (10) TMI 410X X X X Extracts X X X X X X X X Extracts X X X X ..... cer found the respondent workman guilty of the charge. The Disciplinary Authority of the appellant DTC vide order dated 18th July, 1994 imposed the punishment of removal from service on the respondent workman. 2. It appears that an application under Section 33(2)(b) of the Industrial Dispute Act, 1947 was preferred by the appellant. The respondent workman also raised an industrial dispute in which the following reference was made:- "Whether the removal of Sh. Shyam Singh, from service is illegal and/or unjustified and if so to what relief is he entitled and what directions are necessary in this respect? 3. The record further shows that the Industrial Adjudicator dismissed the application of the appellant DTC under Section 33(2)(b) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5. Evidence was led by the appellant as well as the respondent workman on the aforesaid issues. The Industrial Adjudicator vide order dated 17th December, 2009 decided the first of the aforesaid issue and though held that the respondent workman had been given proper opportunity and the departmental inquiry was in compliance with the principles of natural justice, further held that the Inquiry Officer had not given cogent reasons for disbelieving the testimony of the witnesses and that in the absence of cash having been checked, the charges against the respondent workman could not have been held by the Inquiry Officer to have been proved. It was also held that no Presenting Officer was appointed by the appellant. Consequently the findings o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tice and which was decided in favour of the appellant. It was argued that the Industrial Adjudicator after having so held erred in holding the findings of the departmental inquiry to be perverse and on which aspect no issue had been framed. It was thus the contention of the appellant that the Labour Court after holding the departmental inquiry to have been conducted in accordance with the principles of natural justice exceeded its jurisdiction in holding the findings of the departmental inquiry to be perverse. It was further the contention of the appellant then that the said aspect had not been considered by the learned Single Judge while dismissing the writ petition. Accordingly, the Division Bench vide order dated 31st October, 2011 releg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ash having not been checked by the checking staff and the appellant having not appointed the Presenting Officer. Merely, because sufficient opportunity of hearing had been given to the respondent workman alone is not sufficient for upholding the departmental inquiry. The Supreme Court in Indian Iron & Steel Co. Ltd. v. Their Workmen AIR 1958 SC 130 has held that though the management of a concern has power to direct its own internal administration and discipline but the power is not unlimited and when a dispute arises, the Industrial Adjudicator has the power to see whether the termination of service of a workman is justified. It was further held that though in cases of dismissal on misconduct the Industrial Adjudicator is not to act as a c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons given by the Industrial Adjudicator for holding the inquiry to be bad was sufficient for setting aside the same. The Industrial Adjudicator has held that the non-appointment of the Presenting Officer led to the truth having not been unraveled. The principles of natural justice are not confined to opportunity of hearing only but extend to effective hearing. The purport of the order dated 17th December, 2009 of the Industrial Adjudicator is that no effective hearing was possible or held in the absence of the Presenting Officer. We are also of the view that the inquiry can also be held to be bad when the outcome thereof is not in consonance with its content and that is precisely the finding of the Industrial Adjudicator in the present case ..... X X X X Extracts X X X X X X X X Extracts X X X X
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