Back
RAJANI DUBEY
Agio Paper & Industries Limited Through Factory Manager, Kanoi Paper & Industries Ltd. Village – Appellant
Versus
State Industrial Court of Chhattisgarh, Mahanadi Khand – Respondent
ORDER :
1. By this petition, the Petitioner has challenged the orders dated 12.10.2006 (Annexure P/1) passed by the learned Industrial Court in Civil Appeal No.25/CGIR Act/A-II/2006, Kanoi Paper & Industries Limited Vs. Punjab N. Ukale, order dated 07.03.2006 (Annexure P/2) passed by the learned Labour Court, Bilaspur in Case No. 272/MPIR/96 (wrongly typed as 277/MPIR/96) in case of Punjab N. Ukale Vs. Kanoi Paper & Industries Limited and order dated 06.04.2004 (Annexure P/3) passed in Case No. 272/MPIR/96.
2. Brief facts of the case, as projected by the Petitioner, are that the Petitioner/Respondent No.3 herein had filed an application (Annexure P/4), which was registered as Case No.272/MPIR/96 under Section 31 (3) of MPIR Act before the Labour Court, Bilaspur, inter-alia pleading therein that he was working with Petitioner herein for last 12 years. He fell sick on 06.04.1995, therefore, he sent a medical certificate (Annexure P/4A) on 10.04.1995 which has been received by the Petitioner. After recovering from his illness, he reported for duty on 05.08.1995. The Petitioner issued charge-sheet dated 26.07.1995 and a departmental inquiry was conducted and after being found guilty, the
The court established that the validity of a departmental inquiry is upheld when the employee admits to misconduct, and the focus should be on the proportionality of the punishment.
Unauthorized absence without prior permission may amount to misconduct, and the principles of natural justice must be complied with in conducting an enquiry under Section 33(2)(b) of the Industrial D....
The court established that an employee's admission of misconduct during an enquiry, coupled with a history of repeated violations, justifies termination, provided that the enquiry adheres to principl....
Disciplinary proceedings must adhere to principles of natural justice, ensuring fair enquiry and opportunity for the accused to present their case.
Unauthorized absence due to illness can be justified under compelling circumstances, affecting the severity of disciplinary action imposed.
Point of Law : Satisfaction under Section 11-A, about the guilt or otherwise of the workman concerned, is that of the Tribunal. It has to consider the evidence and come to a conclusion one way or oth....
Unauthorized absence not misconduct without proof of willfulness; compelling circumstances like family illness excuse it.
Stage for interference under Section 11-A by the Tribunal is reached only when it has to consider the punishment after having accepted the finding of guilt recorded by an employer.
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
