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G. S. KULKARNI
Tanaji Shankar Anuse – Appellant
Versus
Maharashtra Rajya Doodh Sahakari Mahasangh Maahanand Dudh Shala – Respondent
JUDGMENT
G. S. Kulkarni, J. - Rule, returnable forthwith. Respondent waives service. By consent of the parties heard finally.
2. This is a petition filed under article 227 of the Constitution of India wherein the petitioner assails the judgment and order dated 7 November, 2019 passed by the learned Presiding Officer, 10th Labour Court, Mumbai, in Reference (IDa No.38 of 2015) whereby the Labour Court has held that the enquiry conducted by the respondent/employer against the petitioner is legal, fair and proper and that the findings of the enquiry officer are not perverse in deciding a preliminary issue (part-I). The operative order as passed by the learned Labour Court is required to be noted which reads thus:-
'(i) The enquiry conducted against second party is fair and proper.
(ii) The findings of the enquiry officer are not perverse.'
3. The relevant facts are: The respondent-employer initially appointed the petitioner temporarily as a 'Junior Clerk' on 2 February, 2000 on a consolidated pay of Rs.5,000/- per month for a period of two years. He was permanently appointed from 14 September
Disciplinary actions by employers must comply with fair enquiry standards; failure to allow cross-examination does not nullify properly conducted proceedings.
An inquiry conducted under the MEPS Act must adhere to the principles of natural justice, including the right to cross-examine witnesses and the requirement for impartiality in the inquiry process. A....
The main legal point established in the judgment is the violation of employee rights under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, and the rules fra....
The failure to furnish an enquiry report to an employee before the imposition of a penalty and the enquiry officer assuming the dual role of judge and prosecutor are violations of natural justice tha....
Violation of principles of natural justice in conducting enquiry and imposing punishment
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.
A disciplinary enquiry must be conducted in accordance with the principles of natural justice, and the enquiry report must be reasoned and based on evidence.
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