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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
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 enquiry conducted against the petitioner was not done in a fair and proper manner. The Tribunal did not follow the well settled principles of law, while passing the impugned order. Learned counsel for the petitioner has stated that the finding given by the Industrial Tribunal is perverse and against the record. That the impugned order dated 28.08.2024 should be set aside and the matter remanded back to the authority concerned fo
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.
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....
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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