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C. M. POONACHA
Lam Research (India) Pvt Ltd. – Appellant
Versus
Abhay Magal – Respondent
ORDER :
C.M. Poonacha, J.
The above Writ Petition is filed seeking the following reliefs:
B) Answer the Preliminary Issue in the positive and thus hold that the domestic enquiry conducted by the Petitioner against the Respondnt was fair and proper and consequently issue directions to Hon'ble Labour Court, to rely on the findings of the Enquiry Committee regarding the termination of the services of the Respondent and also the evidence adduced before the Enquiry Committee.
C) Pass such other orders as this Hon'ble Court may deem necessary in the interest of justice and equity."
2. It is the case of the Petitioner that the Respondent - Workman was employed with the Petitioner - Company as "Software Product Support Engineer - I" on 13.9.2010. That in 2014 the Company began to notice a significant decrease in the work out put of the Workman as well as the change in his attitude. On 31.8.2015 the Petitioner issued a charge sheet-cum-show cause notice to the Workman.
3. On 3.9.2015 the Workman acknowledged
The management retains the right to present additional evidence if a domestic enquiry is deemed improper, underscoring the requirement for fairness in disciplinary proceedings.
The court established that issues regarding the violation of principles of natural justice in domestic enquiries should be decided as preliminary issues to ensure fairness and expedite the adjudicati....
The court affirmed that once a reference is made under the Industrial Disputes Act, the Labour Court must adjudicate the dispute, and upheld the fairness of the domestic inquiry conducted against the....
The finding of fact by the Industrial adjudicator can only be interfered with if patently illegal.
The court affirmed that a fairness in domestic enquiry is paramount, and procedural lapses do not automatically invalidate findings unless they cause demonstrable prejudice to the employee.
The Labour Court should decide as a preliminary issue whether the domestic inquiry has violated the principles of natural justice.
An employee's dismissal must adhere to principles of natural justice and procedural fairness, with any breach rendering the dismissal legally unsustainable.
The court upheld the dismissal of the employee for attempted theft, confirming the fairness of the domestic inquiry and the appropriateness of the punishment despite claims of procedural irregulariti....
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