Back
IN THE HIGH COURT OF JUDICATURE AT PATNA
A. ABHISHEK REDDY
Dy. General Manager and Circle Development Officer-cum-Appellate Authority State Bank of India – Appellant
Versus
Union of India through the Dy. Chief Labour Commissioner (Central) – Respondent
| Table of Content |
|---|
| 1. writ petition filed for quashing order. (Para 2) |
| 2. petitioners argue procedural flaws by the tribunal. (Para 3 , 4) |
| 3. arguments based on previous judgments. (Para 5 , 6) |
| 4. court's observations on preliminary issues. (Para 7 , 8 , 9) |
| 5. legal precedent on domestic enquiry validity. (Para 10 , 11 , 12 , 13) |
| 6. meritless petition, directions given. (Para 14) |
| 7. direction for tribunal to avoid bias. (Para 15 , 16) |
GUDGMENT :
A. ABHISHEK REDDY,J.
Heard learned counsel for the parties.
2. The present writ petition has been filed for the following relief(s):-
“…...for quashing the impugned order, dated 28.08.2024, passed by the learned Industrial Tribunal, Patna in Reference Case No. 16(c) of 2023, inasmuch as the learned Industrial Tribunal has relied on four perfunctory ‘findings’ to erroneously hold that a properly conducted domestic enquiry was vitiated in terms of its fairness, propriety, legality, and adherence to principles of natural justice.”
3. Learned counsel for the petitioners has stated that the Industrial Tribunal Patna without appreciating the facts in a proper perspective has passed the impugned order dated 28.08.2024 whereby it was held that the domestic enq
The management retains the right to present additional evidence if a domestic enquiry is deemed improper, underscoring the requirement for fairness in disciplinary proceedings.
The management's right to challenge the validity of a domestic enquiry and present fresh evidence is contingent upon the preliminary findings of the Tribunal, and such challenges should not delay the....
The Labour Court should decide as a preliminary issue whether the domestic inquiry has violated the principles of natural justice.
Fairness of disputed domestic enquiry must be decided as preliminary issue by Labour Court to enable parties to adduce additional evidence if enquiry held unfair.
The Labour Court must first determine the validity of domestic enquiry before evaluating evidence presented for dismissal in industrial disputes.
The court established that issues regarding the violation of principles of natural justice in domestic enquiries should be decided as preliminary issues to ensure fairness and expedite the adjudicati....
In industrial disputes involving dismissal, the Labour Court must first frame a preliminary issue regarding the legality of the domestic enquiry. If valid, it must then assess the proportionality of ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
