SCA/8409/2003 1/5 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 8409 of 2003 For Approval and Signature: HONOURABLE MR.JUSTICE S.R.BRAHMBHATT ============================================= = 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ============================================= = GUJARAT STATE ROAD TRANSPORT CORPORATION - Petitioner Versus G M KHAN THRO. ST WORK UNON - Respondent ============================================= = Appearance : MS MONALI H BHATT for Petitioner(s) : 1, RULE SERVED for Respondent(s) : 1, ============================================= = CORAM : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT Date : 16/10/2008 ORAL JUDGMENT Though served, no body has appeared on behalf of the respondent-workman. SCA/8409/2003 2/5 JUDGMENT 2. The petitioner-GSRTC, has preferred this petition under Article 227 of the Constitution of India, challenging the award dated 31/05/2002 passed by the Industrial Court, Surat in Reference (I.T.) No.46 of 1991, quashing and setting aside the order of punishment dated 18/12/1987 and the appellate authority's order thereon as illegal and ordered payment of consequential benefits with cost of Rs.2,000/-. 3. The facts in brief deserves to be set out as under: 4. The respondent-driver in S.T. Corporation received a charge-sheet on 17/10/1987 containing imputation that on 04/09/1987 due to his negligence in driving, accident occurred wherein a pedestrian had died on the spot and a scooter rider was seriously injured. On account of such fatal accident occurred for his negligence, the S.T. Corporation had to sustain severe damages. After the inquiry, punishment came to be imposed of five stage reduction from basic pay of Rs.732/- to Rs.573/-. This punishment order was passed on 18/10/1987 which was assailed in departmental appeal wherein the first appellate authority confirmed the same and the said order was further assailed in second departmental appeal wherein the second appellate authority reduced it from five stage reduction SCA/8409/2003 3/5 JUDGMENT to that of two stage only. This order was challenged by raising industrial dispute which came to be referred to competent Industrial Court which was registered as Reference (I.T.) No.46 of 1991 and the learned Industrial Court, Surat has quashed and set aside the order impugned as stated herein above under its award dated 31/05/2002, which has been assailed in the present petition under Article 227 of the Constitution of India. 5. Ms.Bhatt, learned Advocate appearing for the petitioner – S.T. Corporation submitted that even as such punishment order could not have been said to be improper looking to the way accident occurred. The Industrial Court ought not to have, therefore, recorded finding contrary to the evidence on record. The occurring of accident cannot always be proved by only eye-witnesses. In absence of eye-witnesses also, there could be a strong evidence available on record leading to the establishment of driver's negligence and dereliction in duty. In view of this, the finding of the Industrial Court being perverse, the same deserves to be quashed and set aside. She further contended that for initiating departmental proceedings, the competent authority has to come to the tentative conclusion and formed a prima-facie SCA/8409/2003 4/5 JUDGMENT opinion that can never be termed to be biased or pre-decision on his part so as to hold the proceedings as vitiated. She submitted that in view of this, the award deserves to be quashed and set aside. 6. This Court is of the considered view that the Industrial Court has committed error apparent on the face of the record in holding that the inquiry was biased. It deserves to be noted that the workman, as could be seen from the recording in paragraph – 6 of the award has given up his challenge to the validity and legality of inquiry and confined his challenge only to findings being perverse. In light of this, giving up of challenge, it was not proper for the Industrial Court to go into the aspect with regard to vitiation of inquiry. As could be seen from the award, the Court has heavily dealt with that aspect and recorded its finding which has actually gone into persuading the Court in quashing the order of punishment. The Court's finding, therefore, cannot be sustained in the eye of law. The finding are based on erroneous appreciation of provisions of law as well as the fact which has actually resulted into serious prejudice to the Corporation. 7. In that view of the matter, this petition deserves to SCA/8409/2003 5/5 JUDGMENT be allowed and the award impugned deserves to be quashed and set aside and accordingly the impugned award is quashed and set aside. The petition is allowed. Rule made absolute. There shall be no order as to costs. (S.R.BRAHMBHATT, J.) sompura