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DINESH KUMAR SHARMA
Indraprastha Power Generation Co. Ltd. – Appellant
Versus
Someer Chaterjee (Deceased) Through Lrs. – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
1. The present petitions have been filed impugning and seeking to set aside the Order dated 23rd December, 2019, passed by the learned Presiding Officer, Labour Court, New Delhi, vide which, the learned Labour Court, while deciding on the preliminary issue of legality and validity of the domestic inquiry conducted with respect to the workmen herein, held the same to be in violation of principles of natural justice and set aside the same.
2. Briefly stated the facts as alleged in the petition are that the respondent workmen herein participated in a dharna organized by their trade union. As a result, management issued a show cause notice to the workmen, including the respondents herein, who participated in the dharna. Domestic inquiry was conducted, whereby the penalty of dismissal from services, was imposed on the workmen. Respondent workmen challenged the said domestic inquiry and the consequent dismissal order by filing proceedings under section 10 (4), Industrial Disputes Act, 1947, before the learned Labour Court, and the following reference was framed to be adjudicated and determined:
"Whether there was a fair and proper enquiry in accord
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 management's right to challenge the validity of a domestic enquiry and present fresh evidence is contingent upon the preliminary findings of the Tribunal, and such challenges should not delay the....
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 management retains the right to present additional evidence if a domestic enquiry is deemed improper, underscoring the requirement for fairness in disciplinary proceedings.
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.
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