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IN THE HIGH COURT AT CALCUTTA
Shampa Dutt (Paul)
Zydus Health Care Ltd. – Appellant
Versus
State of West Bengal – Respondent
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 invoked the provision of section 10(1B) of the Industrial Disputes Act, 1947 and on the basis of the pendency certificate issued by the conciliation officer, he made an application before the Learned Seventh Industrial Tribunal.
4. The petitioner further states that the learned tribunal passed an erroneous award on 17.01.2025 by acting in an arbitrary manner.
5. It is the case of the petitioner that during the pandemic Covid-19 lockdown, the Management of the petitioner through i
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.
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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.
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 ....
The court emphasized the necessity of adhering to principles of natural justice in disciplinary inquiries, asserting that findings must be supported by adequate evidence and fair procedures.
The central legal point established in the judgment is the liberal interpretation of Section 11A of the Industrial Disputes Act, 1947, emphasizing the power of the Tribunal to set aside the order of ....
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