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SUMAN SHYAM
Industrial Co Operative Bank Ltd. – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
SUMAN SHYAM, J.
1. Heard Mr. B. Kaushik, learned counsel appearing for the writ petitioners. Also heard Mr. S. Chakraborty, learned counsel representing the respondent no. 5. Ms. A. Talukdar, learned Government Advocate, Assam, had appeared on behalf of respondent nos. 1 to 4.
2. By filing the instant writ petition, the Industrial Cooperative Bank Limited and its Administrator viz. Shri Panna Dev, have approached this Court assailing the award dated 19/12/2019 passed by the learned Labour Court at Guwahati in case No. 1/2019 registered U/S 2A(2) of the Industrial Dispute Act, 1947 (herein after referred to as the Act of 1947) inter-alia praying for quashing the award dated 19/12/2019, the order dated 04/03/2021 passed by the learned Labour Court at Guwahati in case No. 1/2020 US.33 C(2) of the Act of 1947 as well as the Bakijai Proceeding registered as Bakijai Case No. 02/2021 of Kamrup (M).
3. The facts of the case, as projected in the writ petition, briefly stated, are as narrated herein-below:
Section 11A reads as powers of Labour Courts, Tribunals and National Tribunals to give appropriate relief in case of discharge or dismissal of workmen.
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 ....
The court affirmed that once a reference is made under the Industrial Disputes Act, the Labour Court must adjudicate the dispute, and upheld the fairness of the domestic inquiry conducted against the....
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....
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....
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.
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