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ARUN DEV CHOUDHURY
Jibon Jyoti Borah – Appellant
Versus
Presiding Officer CGIT -Cum- Labour Court – Respondent
JUDGMENT :
HON’BLE MR JUSTICE ARUN DEV CHOUDHURY
Heard Mr. S Chamaria, learned counsel for the petitioner. Also heard Mr. SC Keyal, learned standing counsel for the respondents.
2. By way of the present petition, the petitioner employee had challenged the award dated 14.11.2014 passed in Reference Case No. 07/2012 by the Central Government Industrial Tribunal cum Labour Court, Guwahati, Assam (hereinafter referred to as the Tribunal), whereby the learned Tribunal declined to interfere with the punishment of discharge from service dated 11.08.2009 imposed upon the petitioner pursuant by the respondent management pursuant to a departmental proceeding.
3. The background facts leading to filing of the present petition can be summarised as follows:
II. On 16.05.2009, a memorandum of charge was served upon the petitioner, whereby it was informed that the management had proposed to hold an enquiry against the petitioner. A substance of imputation of misconduct, in respect of whic
The court established that a wilful absence from duty, especially in emergency situations, constitutes misconduct under the Industrial Employment (Standing Orders) Central Rules, and that disciplinar....
Disciplinary actions by employers must comply with fair enquiry standards; failure to allow cross-examination does not nullify properly conducted proceedings.
A disciplinary inquiry must be conducted in accordance with natural justice principles, and the burden of proof lies on the employee to challenge the validity of the inquiry and dismissal. The court ....
The court established that adherence to principles of natural justice is paramount in disciplinary proceedings, and any procedural irregularities, such as improper delegation of authority and failure....
Procedural fairness and adherence to principles of natural justice are critical in disciplinary enquiries, and failure to comply can render a dismissal unjust.
The court clarified that judicial review in disciplinary matters is limited, focusing on procedural fairness and legality, thereby confirming the legality of dismissal for unauthorized absenteeism.
Unauthorized absence due to illness can be justified under compelling circumstances, affecting the severity of disciplinary action imposed.
The main legal point established in the judgment is the requirement for disciplinary proceedings to adhere to natural justice principles, including framing specific charges and making conclusions bas....
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