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2012 (10) TMI 410 - DELHI HIGH COURTNon issuing tickets to the passengers inspite of collecting the fare - punishment of removal from service to the guilty workman - Industrial Adjudicator deleted order of removal of the respondent workman from service - Held that:- The Industrial Adjudicator in the order dated 17th December, 2009 has given as many as three reasons for holding the departmental inquiry to be bad i.e. of the passengers during the inquiry having not supported the case of the checking staff, cash having not been checked by the checking staff and the appellant having not appointed the Presenting Officer. Merely, because sufficient opportunity of hearing had been given to the respondent workman alone is not sufficient for upholding the departmental inquiry. The Supreme Court in Indian Iron & Steel Co. Ltd. v. Their Workmen AIR [1957 (10) TMI 21 - SUPREME COURT] has held that though the management of a concern has power to direct its own internal administration and discipline but the power is not unlimited and when a dispute arises, the Industrial Adjudicator has the power to see whether the termination of service of a workman is justified. It was further held that though in cases of dismissal on misconduct the Industrial Adjudicator is not to act as a court of appeal and substitute its own judgment for that of the management but the Industrial Adjudicator will interfere when there is want of good faith OR when there is victimization or unfair labour practice OR when the management has been guilty of a basic error or violation of a principle of natural justice and when on the material on record the finding is completely baseless or perverse. Thus each of the three reasons given by the Industrial Adjudicator for holding the inquiry to be bad was sufficient for setting aside the same.
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