Approval of Termination of Workman under section 33(2)(b) of I.D. Act is Valid, if No objection raised on Supporting Evidences : Rajasthan High Court (Jaipur)
Law Point : Approval of Termination of under section 33(2)(b) of I.D. Act is Valid, if No objection raised on supporting evidences
Case Summary : Workman was carrying 24 passengers without tickets - Inspection was caused at "Badki arrival" - Inspecting party prepared Waybill and BCR on the spot - It was recorded that out of 73 passengers, 24 passengers were not carrying tickets - Non-appellant could not otherwise explain as to why he signed the Waybill and BCR showing 24 passengers without tickets - Inquiry conducted - Charged were found proved - Workman was terminated from service - Application for Approval of termination under section 33(2) (b) of Industrial Dispute Act, 1947 (the Act) was forwarded - but rejected by Industrial Tribunal.
While disapproving the application under section 33(2)(b) - Industrial Tribunal has re-appreciated the evidence as if it is exercising jurisdiction under Section 11 (a) of the Act of 1947 on a reference under Section 10 of the Act of 1947 and not under Section 33 ( 2 ) ( b ) of the Act of 1947 - Single Judge and the Tribunal could not supply reasons to ignore the Waybill and BCR, which have been considered by the Enquiry Officer to be in token of acceptance of allegation by none-else but the workman himself - No protest or objection was made at any point of time about correctness of Waybill and BCR - Evidence available on record is enough to show that conclusion drawn by the Enquiry Officer is plausible one - Appeal is allowed with the approval of application under section 33 ( 2 )( b ) of the Act of 1947.
Case Reference: RSRTC Versus Shri Shabir Shah
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