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PRATHIBA M. SINGH
Securitrans India (p) Ltd – Appellant
Versus
Manoj Prasad – Respondent
JUDGMENT
Prathiba M. Singh, J. - This hearing has been done in physical Court. Hybrid mode is permitted in cases where permission is being sought from the Court.
2. These are six petitions filed by the Petitioner-Management (hereinafter "Management") challenging the order dated 22nd November, 2021 passed by the Labour Court in LIR No.2920/19, 2921/19, 2922/19, 2023/19, 2925/19 & 2926/19 whereby an application which was filed by the Management for framing of an additional issue in the proceedings before the Labour Court, and for deciding the said issue as a preliminary issue was partly allowed.
3. In this matter, the Respondents-Workmen (hereinafter "Workmen"), who were working with the Petitioner at various ATMs, were terminated after a disciplinary inquiry was held by the Petitioner. The said termination was challenged by the Workmen before the Labour Court. In the said claims filed by the Workmen, the terms of reference were framed on 3rd October, 2019. The matter was thereafter proceeded before the Labour Court. On 1st October, 2021, the following issues were framed:
"(1) Whether the workman is not covered under definition of a "workman" as defined under Section 2 (s) of I.D. Act? O
The main legal point established is that the Labour Court should decide the validity of the domestic inquiry as a preliminary issue before proceeding further, based on the settled legal position and ....
The Labour Court must decide the validity of a domestic inquiry as a preliminary issue in employment termination cases to ensure adherence to natural justice principles.
The Labour Court should decide as a preliminary issue whether the domestic inquiry has violated the principles of natural justice.
The court established that issues regarding the violation of principles of natural justice in domestic enquiries should be decided as preliminary issues to ensure fairness and expedite the adjudicati....
The main legal point established is that in cases of dismissal or discharge of an employee referred for industrial adjudication, the Labour Court should first decide whether the domestic enquiry viol....
Fairness of disputed domestic enquiry must be decided as preliminary issue by Labour Court to enable parties to adduce additional evidence if enquiry held unfair.
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....
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.
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