Gujarat State Road Transport Corporation vs S.V. Thakor

R.S. Garg, J.—Heard the learned counsel for the appellant. None for the respondent though served. On a submission made by the learned

counsel for the appellant that unless it is held by the Labour Court that the inquiry was invalid or it was conducted in violation of the principles of

natural justice or the rules governing the inquiry, the Labour Court would have no jurisdiction to interfere with the findings recorded by the Inquiry

Officer, we issued notice to the respondent. This Division Bench after going through certain judgements of the Supreme Court has already held that

in a given case where inquiry procedure is not challenged or is not found to be invalid or bad the Labour Court would still have jurisdiction to go

through the question whether findings recorded by the Inquiry Officer are perverse or not and if the findings are found to be perverse then the

Labour Court would have jurisdiction to interfere in the matter.

As in our opinion the Labour Court had jurisdiction to interfere into the matter after recording a finding that the findings recorded by the Inquiry

Officer were perverse, we must hold that the Labour Court had jurisdiction to interfere in the matter. The learned Single Judge was absolutely

justified in not interfering in the matter. We find no reason to interfere. The Appeal is dismissed. Rule is discharged. No order as to costs.