Court upholds Adjudicator's decision in workman's favor, emphasizing natural justice principles

The High Court upheld the Industrial Adjudicator's decision in favor of the respondent workman, ruling the departmental inquiry flawed and ordering reinstatement without back wages. The Court dismissed the appellant's challenges, emphasizing the Adjudicator's authority to review disciplinary actions based on natural justice principles. Despite extensive litigation, including previous remands, the Court found the Adjudicator acted within its jurisdiction, ultimately dismissing the appeal for lack of merit.

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Issues: Whether, after finding that the departmental inquiry satisfied the principles of natural justice, the Industrial Adjudicator could still hold the inquiry findings to be perverse and interfere with the order of removal.

Analysis: Compliance with natural justice is not confined to affording a mere opportunity of hearing. An inquiry may still be interfered with where the process is not effective, the evidence does not support the conclusion, relevant facts are ignored, or the findings are based on no evidence or are otherwise perverse. The Industrial Adjudicator had recorded multiple reasons for disbelieving the inquiry, including the failure of passengers to support the checking staff, non-checking of cash, and absence of a Presenting Officer. In addition, after the earlier remand, the Industrial Adjudicator was entitled to examine the matter on merits and assess whether the removal was justified.

Conclusion: The Industrial Adjudicator did not exceed its jurisdiction, and its finding that the removal was unjustified was upheld.

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