Back
IN THE HIGH COURT AT CALCUTTA
SHAMPA DUTT (PAUL)
Lagan Engineering Company Limited – Appellant
Versus
State of West Bengal – Respondent
Judgment :
SHAMPA DUTT (PAUL), J.
1. The writ application has been preferred on the ground that the impugned Award dated 20.02.2025 passed by the Learned Judge, 3rd Industrial Tribunal, West Bengal, Kolkata in Case No. 03/2021 has been passed in gross violation of the cardinal principles of natural justice, specifically the audi alteram partem rule, inasmuch as the Tribunal peremptorily closed the evidence of the parties before cross-examination of the petitioner's witness OPW-1 could be completed.
2. The petitioner relies upon the judgments and the settled legal framework laid down by the Constitution Bench of the Hon'ble Supreme Court in Workmen of Firestone Tyre & Rubber Co. of India (P) Ltd. v. Management, (1973) 1 SCC 813, and reiterated in State of Uttarakhand v. Sureshwati, (2021) 3 SCC 108, which mandates that where no domestic enquiry has been held prior to dismissal, the employer is entitled to lead evidence before the Tribunal for the first time and the Tribunal must determine justifiability of the dismissal on the basis of such evidence.
3. The petitioner further states that the workman/respondent No.2 herein examined himself as PW-1. His examination-in-chief was recorded o
The Labour Court must first determine the validity of domestic enquiry before evaluating evidence presented for dismissal in industrial disputes.
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 ....
An employer must conduct a fair and proper disciplinary inquiry to justify dismissal; failure to do so renders the dismissal unjustified.
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 ....
An employer's right to lead evidence before a Labour Court following an invalid domestic enquiry is not automatic. It must be explicitly requested at an early stage, such as in the written statement.....
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
