CHANDRA DHARI SINGH
Regional Manager Central Bank of India – Appellant
Versus
Kunwar Pal Singh – Respondent
ORDER
Chandra Dhari Singh, J. (Oral)
1. The instant civil writ petition under Article 226 of the Constitution of India has been filed on behalf of petitioner seeking the following reliefs:-
"i) issue writ of certiorari or any other writ, order or direction in the nature therefore calling for the record of the proceedings and award Award dated 03.01.2017 passed by Ld. CGIT in case bearing I.D. No. 153/2012, and quash the entire proceedings and impugned award there in;
ii) in the alternative the matter may be remanded back to the Ld. CGIT to give permission to the petitioner for leading evidence before it and then passed the award; iii) pass such other and further orders as the Hon'ble Court may deem fit and proper in the facts and circumstances of the present case."
2. The relevant facts necessary for the adjudication of the instant petition are reproduced herein below:
a) The respondent herein ("respondent workman" hereinafter) was appointed as a 'Clerk' in the year 1987, in the petitioner entity, i.e., the Regional Manager Central Bank of India ("petitioner Bank" hereinafter). While working as CTO in Branch Office Press Area, Delhi, the respondent workman was issued a charge-sheet beari
A.K. Kraipak v. Union of India
Karnataka State Road Transport Corporation vs. Smt. Lakshmideveamma & Anr.
Pottery Mazdoor Panchayat Vs. Perfect Pottery Co. Ltd. and Anr.
State Bank of India vs. Bidyut Kumar Mitra & Ors.
Shankar Chakravarti v. Britannia Biscuit Co. Ltd.
Tin Printers (Private) Ltd. v. Industrial Tribunal, (1967) 2 LLJ 677
The Labour Court must first determine the validity of domestic enquiry before evaluating evidence presented for dismissal in industrial disputes.
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 employee for attempted theft, confirming the fairness of the domestic inquiry and the appropriateness of the punishment despite claims of procedural irregulariti....
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.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.