C.G. Glass Ltd. Reconstituted and Named as Phillips (India) Ltd. vs Prinit Jayantibhai Patel

M.R. Shah, J.—By way of this petition under Article 227 of the Constitution of India the petitioner-C.G. Glass Limited has prayed for an appropriate writ, order or direction quashing and setting aside the impugned judgment and order dated 16/10/2003 passed by the Industrial Tribunal, Vadodara in Approval Application (I.D.) No. 26/2001 in Remand Reference (I.T.) No. 160/2001 by which the application submitted by the petitioner to lead the evidence and to prove the charge/charges against the respondent has been rejected and the Approval Application has been rejected.

Shri K.M. Patel, learned advocate appearing on behalf of the petitioner has relied upon the decision of the Hon''ble Supreme Court in the case of The Cooper Engineering Limited Vs. Shri P.P. Mundhe, and has submitted that when the Labour Court and/or Tribunal holds that the departmental inquiry was defective and/or bad it was incumbent upon the Labour Court and/or tribunal to give an opportunity to the petitioner to prove the charge/charges by leading evidence and, therefore, it is requested to remand the matter to the Industrial Tribunal and to permit the petitioner to lead the evidence to prove the charge/charges against the respondent keeping the question with respect to the decision of the Industrial Tribunal holding the departmental inquiry bad open, which can be agitated before the higher forum in case the final decision is against the petitioner management.

Shri R.D. Raval, learned advocate appearing on behalf of the respondent has tried to oppose the present petition and justify the impugned judgment and order passed by the Industrial Tribunal in Approval Application by submitting that as such the petitioner did not press before the Industrial Tribunal to prove the charges by leading appropriate evidence at appropriate stage. It is submitted that if in case this Court is inclined to quash and set aside the impugned order and is inclined to remand the matter to the Industrial Tribunal permitting the petitioner to prove the charges by leading evidence, in that case, it is requested to direct the Industrial Tribunal to decide and dispose of the Approval Application at the earliest and within the stipulated time.

Heard the learned advocates appearing on behalf of the respective parties and considering the impugned order passed by the Industrial Tribunal in Approval Application it appears that the impugned order cannot be sustained. As held by the Hon''ble Supreme Court in the case of Cooper Engineering Ltd. v. T.P. Mundhe (supra) when the Labour Court and/or Tribunal holds the departmental inquiry illegal and/or bad, in that case, an opportunity is to be given to the petitioner to lead the evidence and to prove the charges before the Industrial Tribunal and the Hon''ble Supreme Court has also considered the question "what can be said to be appropriate stage".

Considering the above, the matter is to be remanded to the Industrial Tribunal for deciding the Approval Application afresh in accordance with law on its own merits after giving an opportunity to the petitioner to lead the evidence and to prove the charges before the Industrial Tribunal. Considering paragraph 22 of the decision of the Hon''ble Supreme Court in the case of Cooper Engineering Ltd. v. T.P. Mundhe (supra) the question with respect to legality and validity of the departmental inquiry, which is held to be illegal by the Industrial Tribunal, is to be kept open so far as both the sides are concerned so that the same can be agitated before the higher forum.

In view of the above and for the reasons stated hereinabove, the impugned judgment and order dated 16/10/2003 passed by the Industrial Tribunal, Vadodara in Approval Application (I.D.) No. 26/2001 in Remand Reference (I.T.) No. 160/2001 is hereby quashed and set aside and the matter is remanded to the Industrial Tribunal for deciding the Approval Application afresh in accordance with law on its own merits after giving an opportunity to the petitioner to lead the evidence and to prove the charge against the respondent and the question with respect to the legality and validity of the departmental inquiry is kept open so far as both the sides are concerned, which can be agitated before the higher forum. In the facts and circumstances of the case, the Industrial Tribunal is directed to finally decide and dispose of the Approval Application in accordance with law on its own merits as stated hereinabove at the earliest and preferably on or before 30/06/2010. All the parties concerned are directed to co operate for early disposal of the suit within the stipulated time stated hereinabove. The Industrial Tribunal is directed to decide and dispose of the suit in accordance with law and on its own merits

With this, the present petition is allowed. Rule is made absolute to the aforesaid extent. No cost.