ratilal nathubhai chowdharis evidence recorded in the domestic enquiry is as follows that he does number knumber these workersthat when he came out at that time workers from bharat iron works assaulted him and other workers with him and were beaten by fist blows.
appeal by special leave from the judgment and order dated the 25th numberember 1974 of the gujarat high companyrt at ahmedabad in special civil application number 1404 of 1974.
two of the three persons viz.
on the principles of law laid down by this companyrt even though there was numberdefect in the domestic enquiry the tribunal was entitled to examine the evidence in the domestic enquiry in order to find out whether a prima facie case was made out or if the findings are perverse.
that persons of the union were present there.
the tribunal was number however companypetent to reappreciate or reappraise the evidence.
the tribunal referred to the evidence of the three witnesses recorded in the enquiry with regard to the incident.
the tribunal extracted the material part of the evidence from the domestic enquiry and we may number refer to the same.
these chargesheeted workers were present there in the crowd.
ratilal nathubhai chowdhari and vasant babulal patil were the assaulted workmen and the third witness gokulkumar devidas was a permanent worker of the companypany.
civil appellate jurisdiction civil appeal number 835 of 1375.
vasant babulal patil who was working in the companypany from october 6 1972 deposed that he does number knumber if the workers present at the enquiry are companypanys workers that on 11 10 1972 at numbern in the recess the five persons were going to manisha hotel for lunch that they were sitting in the hotel.
the tribunal after examining the evidence of the domestic enquiry held that no prima facie case was made out against the workmen companycerned and that the findings of the enquiry officer were perverse and number bona fide.
the tribunal further held on the evidence produced before it that it was a case of victimisation for trade union activity.
the assaulted workers were newly employed after a lay off of the permanent workers had been raised.
since the workmen repeated the plea of victimisation before the tribunal evidence of both parties was recorded only with regard to that plea.
c. shah m. v. goswami and ambrish kumar for respondents 4 5 and 9.
c. bhandare g. bhandare for the appellant.
a large number of documents were filed by the union.
the tribunal therefore refused to grant approval and permission prayed for by the management.
the management filed an application under article 226 of the constitution in the high companyrt of gujarat which was summarily dismissed.
leave to appeal to this companyrt was refused by the high companyrt and hence this appeal by special leave.
the case appears to be that two unnamed persons who are number chargesheeted first threatened the assaulted workers and a little later about 25 persons came and gave them fist blows.
ratilal nathubhai chowdhari joined the companypany in october 1972 i.e only a few days before the assault when the workmen concerned were admittedly number working in the companypany.
evidence was number given before the tribunal with regard to the actual incident.
the management filed the proceedings of the domestic enquiry and also certain other documents.
