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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
A.S.OKA, MRIDULA BHATKAR
Reliance Industries Ltd. Raigad – Appellant
Versus
S.D. Rane – Respondent
JUDGMENT
MRIDULA BHATKAR, J.
This Letters Patent Appeal is directed against the order dated 23rd March, 2007 passed by the learned Single Judge in Writ Petition No. 8129 of 2006.
2. The respondent was an employee in the appellant-company. He was charged for misconduct due to absentism of 188 days without leave and good reason and was terminated on 3rd March, 1998. The respondent challenged the termination on the ground of illegality, adopting unfair labour practices under section 28(1) of Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (for short MRTU & PULP Act). In the complaint, he challenged the fairness of the inquiry and the findings of the enquiry held against him. The Labour Court declared the enquiry as unfair, perverse and not in accordance with the principles of natural justice and directed the appellant-company to prove the misconduct before the Court by leading evidence and to substantiate the punishment of termination. The said order was confirmed by the Industrial Court in the Revision application filed by the appellant-company. The appellant challenged the order of the Industrial Court by way of writ petition and the learned
Discretion under Section 11-A must be exercised judiciously; compassion cannot be the basis for modifying penalties in labor disputes involving misconduct.
Unauthorized absence without prior permission may amount to misconduct, and the principles of natural justice must be complied with in conducting an enquiry under Section 33(2)(b) of the Industrial D....
Unauthorized absence must be proven as wilful misconduct by the Management; failure to do so invalidates termination.
The court established that procedural fairness is essential in disciplinary inquiries, and failure to adhere to this can render dismissals invalid.
The authority to impose punishment in disciplinary proceedings and the doctrine of proportionality were influential in the court's decision.
The termination of employment must be in accordance with the principles of natural justice, and compensation may be awarded in lieu of reinstatement depending on the circumstances.
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