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SANDEEP V. MARNE
Jayashree Electron Pvt. Ltd. – Appellant
Versus
Prashant Ranu Gaware – Respondent
JUDGMENT :
1. Rule. Rule is made returnable forthwith. With the consent of the learned counsel appearing for parties, the Petitions are taken up for final disposal.
2. The challenge in the present Petitions is to the Part-I Awards dated 15 July 2022 passed by the Labour Court No.3, Pune by which the enquiry conducted against Respondents is found to be fair, proper and not in violation of principles of natural justice. The Labour Court has however held that the findings of the enquiry officer are perverse. The employer has filed these Petitions to the limited extent of the findings of the Labour Court about perversity in the findings of the enquiry officer.
3. Before proceeding further with merits of the Petitions, it is necessary to first deal with preliminary objection raised by Mr. Kshirsagar, the learned counsel appearing for Respondents about maintainability of the Petitions. According to him Part-I Award deciding the issues of fairness in inquiry and perversity in findings cannot be challenged during pendency of determination of remaining issues by way of Part-II Award. Relying on the judgment of the Apex Court in The Cooper Engineering Ltd. vs. P.P. Mundhe, AIR 1975 SC 1900 he w
The presence of some evidence in a domestic inquiry is sufficient to uphold findings, and the standard of proof is based on preponderance of probabilities, not beyond reasonable doubt.
Labour Courts must refrain from re-evaluating evidence after confirming the fairness of a disciplinary inquiry; interference is only permissible when findings are perverse or lack evidence.
A disciplinary inquiry must be conducted in accordance with natural justice principles, and the burden of proof lies on the employee to challenge the validity of the inquiry and dismissal. The court ....
The finding of fact by the Industrial adjudicator can only be interfered with if patently illegal.
In a situation where the domestic enquiry is found to be vitiated, only the evidence adduced before the labour court should be considered to establish the charges. The evidence from the domestic enqu....
The power of judicial review, of the Constitutional Courts, is an evaluation of the decision-making process and not the merits of the decision itself. It is to ensure fairness in treatment and not to....
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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