Judgment: (SWATANTER KUMAR, C.J.)

The present Appeal is directed against the order passed by the learned Single Judge dated 30th November 2007 wherein while examining Standing Order 25(4) of the Model Standing Order, without deciding the legal controversy, the learned Single Judge took the view that no prejudice had been caused to the Appellant (hereinafter referred to as “the workman”) by recording the statement and testimony of the witnesses in English inasmuch as the workman was represented by defence representative who was expected to take care of the interest of the workmen during the enquiry proceedings.

2. This view of the learned Single Judge has been challenged in the present Appeal primarily on the ground that Standing Order 25(4) is mandatory and its non-compliance in any form shall vitiate the departmental enquiry. The provision being mandatory in nature, the principle of substantial compliance and requirement of proof of prejudice as a condition precedent is not applicable to these provisions.

3. Respondent No.1 Company is engaged in manufacture of electrical and electronic products. The Appellant workman was employed with the Company. Because of his poor performance and acts of assault, riotous behaviour and misconduct, he was dismissed from service vide order dated 28th August 1990. Prior to the order of dismissal, various warning memos had been served upon the workman and even on 2nd March 1984, he had assaulted one of the fellow workman who had refused to participate in the demonstrations. Three different enquiries were conducted against the workman and he was held guilty of article of charges levelled in the charge sheets dated 13th May 1989 and 10th July 1989 but was held not guilty of charges levelled in the charge sheet dated 23rd August 1989. Vide order dated 28th August 1990, the workman was discharged from service. He filed a Complaint before the Labour Court alleging unfair labour practice by the Company. He also raised an industrial dispute in relation to discharge which was also referred to the Labour Court. Thus, Complaint (ULP) No.11 of 1990 and Reference (IDA) No.563 of 1991proceedings were commenced by the workman. However, the Complaint was dismissed for non-prosecution.

4. During the proceedings, the workman was defended by a representative of his choice. The Labour Court held that the enquiries conducted against the workmen were not fair and proper and it was permitted to lead fresh evidence before the enquiry officer in support of the charges levelled against the workman. The main reason which weighed with the Labour Court was that the enquiries held against the workman were in breach of principles of natural justice; enquiry was not conducted in the language known to the workman i.e. Marathi. On these facts, the Labour Court formed the opinion that prejudice was caused to the workman. This was challenged by the Company by filing Writ Petition No. 972 of 1997 which was decided by the learned Single Judge in favour of the Company and the Court held as under:-

“10. .... .... He was given a copy of the enquiry proceedings. He has endorsed the same on each day on which he was present, although, the workman had indicated that he had no understood the contents. The defence representative had requested the enquiry officer to act on the option exercised by the workman and to conduct the enquiry in Marathi. However, it appears from the record that the enquiry officer recorded the statements and depositions of the witnesses in English although the questions were asked and answered in Marathi. One witness did not know Marathi and therefore he was examined and cross examined in English and the deposition was also recorded in English. In my view, when the workman is represented by a defence representative who is well versed in the English language it could not be said that a workman has been prejudiced by recording the enquiry proceedings in English. The defence representative is expected to take care of t

Click Here to Read the rest of this document