The dismissal of workmen based on a domestic enquiry must be justified, and the impact of acquittal in a criminal case on the charges in the domestic enquiry should be considered. Additionally, the application of legal precedents should align with statutory provisions, and petitioners must approach the court with clean hands to be entitled to equitable relief under Article 226 of the Constitution of India.

JUDGMENT :

SANJAY KUMAR MEDHI, J.

1. The legality and validity of an Award dated 08.10.2012 passed by the learned Labour Court, Dibrugarh in Ref. Case No. 8 of 2009 is the subject matter of challenge in this petition filed under Article 226 of the Constitution of India. By the aforesaid Award, the dismissal of the workmen, who are represented by the petitioner Sangha has been upheld. The fairness of the domestic enquiry was taken up as a preliminary issue and the said issue was decided in favour of the Management.

2. Before going to the issue which has arisen for determination, the facts of the case, as projected in the petition, may be narrated briefly.

3. At the outset, this Court records upon instructions that though initially there were 12 nos. of workmen who are represented by the petitioner-Sangha, 5 nos. of them have expired during the pendency of this writ petition. The workmen were employees of the Management of Ananda Tea Estate (hereinafter the Management). On 31.03.2004 in the morning hours, the workmen had come to the Office of the Management and demanded that justice be given by the Senior Assistant Manager, one Shri JK Gogoi, on the issue of assaulting two boys of the Garden. This led to an unruly incident and the workmen had attacked the said Senior Assistant Manager who got injured on his jaw and other parts of his body and he tried to flee away. However, the workmen chased him and when he was inside the Ambassador Car, the workmen tried to kill him by setting fire.However, on the intervention of other officials, the same was prevented. In the said incident, Shri Gogoi was seriously injured and he had to take treatment in different Hospitals.

4. Having no alternative, the Management had to declare lock-out as the situation was volatile and the workmen were suspended from their services. Thereafter, charges were framed against them and an enquiry was conducted by appointing an Enquiry Officer. The proceeding was conducted in presence of the workmen and evidence was adduced by the Management. After the said enquiry, the workmen were dismissed from their service. The action of dismissing the workmen was raised the dispute and the appropriate Government vide notification dated 15.07.2009 had framed the following issues for determination by the learned Labour Court, Dibrugarh.

“(1) Whether the management of Ananda Tea Estate, P.O. Pathalipam, District - Lakhimpur, (Assam) is justified in dismissing 12 nos. workers listed below from their regular service? Savasri Baneswar Orang, Langu Munda, Bina Orang, Phanidhar, Eswar Bhagat, Ajoy Orang, Ram Prasad Orang, Pradip Kharia, Smt. Gayatri, Smt. Fulo Baraik, Smt. Dudhoi, Smt. Sonmoi.

(2) If not, are they entitled their reinstatement with full back wages and benefits or other relief thereof?”

5. The Management in their written statement, after narrating the facts, had pleaded that the domestic enquiry was done in accordance with law by giving a fair opportunity to the workmen and therefore, the fairness of the said domestic enquiry should be examined.

6. The workmen who are represented by the petitioner Sangha had filed their written statement. It is contended that the dismissal was based on unfounded allegation and the enquiry was also partial in nature. It was pleaded that the enquiry was conducted without fulfilling the requirement of the principles of natural justice and therefore, the enquiry was vitiated. It was further pleaded that in the criminal case lodged against the workmen, they were acquitted vide an order dated 29.05.2006. It was accordingly, prayed that the dismissal order be set aside and the issues be decided in favour of the workmen and a direction be issued for reinstating them. The workmen had also filed additional written statement to bring in the fact of acquittal in the criminal case.

7. On perusal of the pleadings, the learned Labour Court had formulated a preliminary issue which is as follows:

“Whether principles of natural justice have been followed at the