IMPORTANT POINT
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 Section 11A of the Industrial Disputes Act, 1947.

JUDGMENT :

MANISH CHOUDHURY, J.

1. The writ petition is preferred by the Secretary, Assam Chah Karmachari Sangha, a trade union of tea garden workmen registered under the Trade Union Act, 1926, on behalf of the Workmen of M/s Dayang Tea Estate. In this writ petition instituted under Article 226 of the Constitution of India, an Award dated 06.11.2012 passed by the learned Presiding Officer, Labour Court, Dibrugarh [‘the Labour Court’, for short] in Reference Case no. 20 of 1999 has been assailed. In the Award dated 06.11.2012, the learned Labour Court has held that there is nothing to hold that the two charge-sheeted Workmen did not get any opportunity to defend their cases. It has proceeded to hold that the Management was justified in dismissing the two Workmen after holding the domestic enquiry and as such, there is no justification for directing reinstatement of the said two delinquent Workmen.

2. The two Workmen viz. [i] Sri Benudhar Tassa, and [ii] Sri Mubarak Ali, were employed as 4th Tea House and Driver respectively at the tea estate known as M/s Dayang Tea Estate situate in District – Golaghat. The genesis of the present case is an incident which occurred on 05.10.1998. It was alleged from the Management side of M/s Dayang Tea Estate on the basis of complaints received by it, to the effect that there was removal of one bag of tea, weighing about 30 KGs, on that day from the factory premises of Dayang Tea Estate in an unauthorized manner. It was alleged that the Workmen were involved in carrying the said bag in a vehicle bearing no. AS-05/4661, belonging to the Tea Estate, along with other bags of tea from the factory premises to the place of the transporter for further transportation. The bag in question, weighing about 30 KGs, was allegedly sold to some third party. It was alleged that the two Workmen were involved in such unauthorized removal of the bag of tea, weighing about 30 KGs, and they sold off the bag to a third party for the purpose of misappropriating the sale proceeds thereof. Finding the allegations serious, the Management suspended both of them on 17.10.1998 pending initiation of domestic enquiry and final orders.

2.1. The Management issued charge-sheets against both of the Workmen seeking their explanations within a date specified in the charge-sheets. On receipt of the original charge-sheets, the two Workmen appeared to have submitted their replies. The original charge-sheets came to be amended at a later date and the amended charge-sheets were duly served upon the two Workmen. On receipt of the amended charge sheet, Sri Benudhar Tassa submitted a reply on 07.12.1998 stating that his earlier explanation made in reply to the original charge-sheet, should be treated as an explanation in respect of the amended charge-sheet.

2.2. Thereafter, an Enquiry Officer was appointed and the process of domestic enquiry was furthered. Both the charge-sheeted Workmen took part in the domestic enquiry. In the course of domestic enquiry, the Management side examined 6 [six] witnesses in support of the charges leveled against the two delinquent Workmen and all 6 [six] Management Witnesses [MWs] were cross-examined on behalf of the two charge-sheeted Workmen. After closure of the evidence from the Management side, the two charge-sheeted Workmen made their respective statements as Workmen Witnesses [WWs] in the domestic enquiry before the Enquiry Officer and they were also cross-examined by the Management side. As per the Enquiry Officer, both the Workmen declined to produce any other witness in their defence. After conclusion of the domestic enquiry, the Enquiry Officer submitted a Domestic Enquiry Report dated 30.12.1998 wherein the Enquiry Officer recorded a finding that a bag of tea weighing in between 28 Kgs – 30 Kgs was taken out illicitly from the factory premises of M/s Dayang Tea Estate on the date of the incident. A finding was reached to the effect that Benudhar Tassa who was in charge of the despatch that day, was p