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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
D.K.DESHMUKH, R.S.MOHITE
Hindustan Unilever Ltd. – Appellant
Versus
Hindustan Lever Employees Union – Respondent
JUDGMENT
D.K. DESHMUKH and R.S. MOHITE, JJ.
By this appeal, the appellant challenges the order made by the learned Single Judge of this Court in Writ Petition No. 1861 of 2008 dated 23.9.2008. That petition was filed by the appellant challenging Part-I of the Award made by the Labour Court. By that Award the Labour Court has held that the departmental inquiry held against the respondent was not valid and proper. The learned Single Judge, from the order impugned it appears that, dismissed the petition relying on the observation of the Supreme Court in its judgment in the case The Cooper Engineering Limited v. Shri. P.P. Mundhe, 1975 (31) FLR 188 (SC) Without going into the merit of the finding recorded by the Labour Court in Part I of the Award, the learned Counsel appearing for appellant submits that the learned Single Judge while declining to entertain the petition, has not considered the problems that were pointed out by the petitioner, in leading evidence before the Labour Court because the incident is about 20 years old and according to the petitioner the whereabouts of the witnesses are not known.
2. We have heard the learned Counsel appearing for Union of India.
3. In our opinion
The main legal point established is that in cases of dismissal or discharge of an employee referred for industrial adjudication, the Labour Court should first decide whether the domestic enquiry viol....
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.
Parties must be afforded reasonable opportunities to present evidence in labor disputes to ensure procedural fairness, particularly in the context of extraordinary circumstances such as a pandemic.
A party must be afforded a fair opportunity to present their case, even in the face of previous negligence, to uphold the principles of justice.
The court emphasized the importance of framing preliminary issues and allowing the respondent to lead evidence to prove misconduct if the inquiry is vitiated or findings are perverse, as supported by....
Jurisdiction of the Tribunal to reappraise the evidence and come to its conclusion enures to it when it has to adjudicate upon the dispute referred to it in which an employer relies on the findings r....
Point of Law : Satisfaction under Section 11-A, about the guilt or otherwise of the workman concerned, is that of the Tribunal. It has to consider the evidence and come to a conclusion one way or oth....
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