(PER : HONOURABLE MR.JUSTICE VIJAY MANOHAR SAHAI) 1. We have heard Mr.Prabhakar Upadhyay, learned counsel for the appellant and Mr.D.S. Vasavada, learned counsel for the respondent.
2. This Letters Patent Appeal has been filed challenging the order dated 20.10.2011 passed by learned Single Judge dismissing the Special Civil Application No.15501 of 2011 by which the orders passed by Labour Court, Ahmedabad as well as Industrial Court, Ahmedabad has been confirmed.
3. Learned counsel for the appellant has urged that the Labour Court, Ahmedabad as well as Industrial Court, Ahmedabad have wrongly held that no opportunity of hearing was given to the respondent and the departmental disciplinary proceedings were in violation of principles of natural justice. We have gone through the statement of workman, namely, Dilipsing Satuji Bihola. From his statement, we do not find that he was present in the inquiry proceedings. He was not present in the departmental disciplinary proceedings when the deposition of material witnesses, namely, Narottam Laljibhai and Punambhai Dahyabhai Patel was recorded.
4. Therefore, the view taken by the Labour Court, Ahmedabad as well as the Industrial Court, Ahmedabad was correct. That the departmental disciplinary proceedings were carried out in violation of principles of natural justice. The order of the Labour Court, Ahmedabad and Industrial Court, Ahmedabad has been affirmed by the learned Single Judge. Therefore, we do not find any illegality in the order passed by the learned Single Judge.
5. The appeal is devoid of any merits and is accordingly dismissed. Accordingly, the civil application also stands disposed of.
(V.M.SAHAI, J.) (S.G.SHAH, J.) (binoy)