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RAJA BASU CHOWDHURY
Eastern Coalfields Ltd. – Appellant
Versus
Janta Bauri – Respondent
JUDGMENT :
RAJA BASU CHOWDHURY, J.
1. The present writ petition has been filed, inter-alia, challenging the award dated 1st December, 2009 passed by the Central Government Industrial Tribunal cum Labour Court at Asansol, West Bengal.
2. The petitioner is a Government Company within the meaning of Companies Act, 1956. In usual course, the petitioner had appointed one, Gobardhan Bauri (hereinafter referred to as the “workman”) as an underground loader at Manoharbahal Colliery of the petitioner. Since, the workman had unauthorisedly absented himself from his duty from 23rd April, 2001 to 23rd November, 2001, a charge sheet dated 23rd November, 2001 was issued for his unauthorized absence. According to the petitioner, an enquiry officer was appointed to enquire into the charges levelled against the workman. Since, the workman did not appear before the enquiry officer, the enquiry was held ex-parte and the enquiry officer had given a report as regards the findings of the enquiry on 26th February, 2003, holding that the charges levelled against the workman stood proved.
3. The General Manager, Salanpur Area, as the Disciplinary Authority after going through the enquiry report submitted by th
Employer must conduct a proper enquiry before imposing punishment, and legal heirs can claim benefits in case of the workman's death during proceedings.
The Labour Court must evaluate the validity of a domestic enquiry before considering the merits of a dismissal case, ensuring adherence to principles of natural justice and the proper application of ....
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 must first determine the validity of domestic enquiry before evaluating evidence presented for dismissal in industrial disputes.
The court established that a fair domestic enquiry and proportional punishment for habitual unauthorized absence from duty are essential under the Industrial Disputes Act, 1947, and that the burden o....
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