Point of Law: Section 17 B of I.D.Act reads as payment of full wages to workman pending proceedings in higher courts.

ORDER :

1. The petitioner-employer is before this Court seeking for the following reliefs:

a) Call for records from the Hon’ble Third Additional Labour Court, Bengaluru in Serial Application No. 1/2017 in Reference No. 51/2015 and

b) Issue a writ in the nature of certiorari and/or any other writ or Order and quash and set aside the impugned order Annexure-Q dated 30/08/2018 passed by 3rd Additional Labour Court, Bengaluru in Serial Application No.1/2017 in Reference No.51/2015.

c) Consequently, hold that the domestic enquiry ordered against the Respondent workman to be fair and proper and further be pleased to allow the Approval Application in Serial Application No.1/2017 in Reference No.51/2015 preferred by the Petitioner filed u/s 33(2)(b) of The ID Act, 1947; and/or

d) Issue a writ in the nature of certiorari and/or any other Writ or Order and quash and set aside the impugned Order Annexure-X dated 06/11/2019 passed by 3rd Additional Labour Court, Bengaluru in Serial Application No.1/2017 in Reference No.51/2015; and

e) Be pleased to Order grant of approval of Serial Application No.1/2017 on the basis of the evidence recorded on merits, in the interest of justice & equity and uphold the order of Dismissal dated 26/04/2017 passed by the Petitioner against the Respondent to be just, proper and legal, in the interest of justice and equity.

f) Pass such other Order/s as deem fit to grant in the facts and circumstances of the case, in the interest of justice and equity.

2. The petitioner is a Trust managing several professional educational institutions. One such institution is the Dental College known as D.A.Pandu Memorial R.V.Dental College, which was established in the year 1992 having about 52 Teaching Staff and 62 Non-Teaching Staff, 285 Undergraduate students and 87 Post Graduate students at the relevant point of time. The Dental College also provided hostel facilities to the students in campus. The same having 47 rooms with a capacity of 105 for girl students and 19 rooms with a capacity of 42 for boy students.

3. The respondent-workman joined the services of the employer with effect from 01.03.2004 as a Group-D attender. A written joint complaint was received on 03.09.2015 from the girl students residing in the hostel against the workman. The employer issued a charge sheet cum show cause notice on 16.02.2016, towards which a reply was submitted by the workman on 24.02.2016. The employer, not satisfied with the reply, ordered a domestic enquiry and a third-party advocate was appointed as an Enquiry Officer. The enquiry was commenced on 15.03.2016 and concluded on 15.12.2016, spread over 18 sittings. After considering the complaint, defence statement and evidence on record, the Enquiry Officer submitted his report and findings on 20.02.2017, holding the charges against the workman having been proved in terms of the charge sheet dated 16.02.2016.

4. The Disciplinary Authority issued a second show cause notice on 31.03.2017 which was replied to by the workman on 11.04.2017. The employer, not satisfied with the said reply, dismissed the workman by order dated 26.04.2017. An application under Section 33 (2) (b) of the Industrial Disputes Act, 1947 (for short, ‘I.D.Act’) was also filed. Since there was an earlier dispute referred to the Industrial Tribunal, the said application came to be numbered as application No.1/2017 in Reference No.51/2015 as regards which the workman filed his objections.

5. The Labour Court tried the preliminary issue as regards the fairness of the domestic enquiry and, vide its order dated 30.08.2018 came to a conclusion that the enquiry was not fair and proper and dismissed the application of the employer filed under Section 33 (2) (b) of I.D.Act.

6. The employer preferred an application to the Labour Court on 11.09.2018 for recalling the order dated 30.08.2018 and for the grant of an opportunity to lead fresh and additional evidence on merits. The said application came to be dismissed by order dated 06.11.2019 b