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IN THE HIGH COURT AT CALCUTTA
Shampa Dutt (Paul)
Zydus Health Care Ltd. – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. petitioner challenges tribunal's award. (Para 1 , 2 , 3) |
| 2. dismissal during covid-19 pandemic context. (Para 5 , 7 , 8) |
| 3. insufficient procedural adherence in dismissal. (Para 9 , 12 , 16 , 18 , 21) |
| 4. arguments regarding penalty and back wages. (Para 10 , 11) |
| 5. natural justice principles in termination. (Para 19 , 39 , 40) |
| 6. judicial review limits in disciplinary matters. (Para 30 , 34) |
| 7. final orders and directives post-dispute. (Para 45 , 46 , 47 , 48) |
JUDGMENT :
Shampa Dutt (Paul), J.
1. The writ application has been preferred challenging an award passed by the learned 7th Industrial Tribunal, in Case No. 15 of 2020, under Section 10(1B)(d) of the Industrial Dispute Act, 1947.
2. The petitioner‟s case is that it is a company incorporated under the Companies Act, 1956 and is running a Pharmaceutical Business.
3. The petitioner states that the respondent no. 2 Subir Kumar Bandyopadhyay, the private respondent herein was a Medical Representative of the petitioner, at whose instance an industrial dispute was espoused regarding dismissal of his service on 04.06.2020 before the Conciliation officer and the same having not ended in a settlement, the Respondent No. 2 invok
The dismissal of an employee without following proper procedure or providing a fair opportunity of defense is a violation of natural justice, rendering the dismissal invalid.
Procedural fairness and adherence to principles of natural justice are critical in disciplinary enquiries, and failure to comply can render a dismissal unjust.
The court clarified that judicial review in disciplinary matters is limited, focusing on procedural fairness and legality, thereby confirming the legality of dismissal for unauthorized absenteeism.
Labour Courts must refrain from re-evaluating evidence after confirming the fairness of a disciplinary inquiry; interference is only permissible when findings are perverse or lack evidence.
The court upheld the dismissal of the petitioner, emphasizing adherence to natural justice and the limited scope of judicial review in disciplinary proceedings.
The Tribunal's modification of punishment from dismissal to compulsory retirement was justified based on proportionality and the workman's long service, emphasizing the importance of fair inquiry pro....
A disciplinary inquiry must be conducted in accordance with natural justice principles, and the burden of proof lies on the employee to challenge the validity of the inquiry and dismissal. The court ....
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