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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Geetartha Pathak Ex-Asstt. Editor Assam Bani – Appellant
Versus
State Of Assam – Respondent
| Table of Content |
|---|
| 1. legal challenge to termination process (Para 2 , 8 , 9) |
| 2. details of show cause notices to petitioner (Para 5 , 6 , 7) |
| 3. applicability of labor laws to journalists (Para 10 , 11) |
| 4. arguments against allowing further evidence (Para 16 , 17) |
| 5. court's reasoning on evidence admissibility (Para 18 , 19 , 20 , 21) |
| 6. reviewing past supreme court decisions (Para 22 , 23 , 24 , 25 , 26) |
| 7. conclusion and directions for further proceedings (Para 28 , 29 , 30 , 31) |
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. P. K. Roy, the learned Senior Counsel assisted by Ms. A. Chakraborty, the learned counsel appearing on behalf of the Petitioner. Mr. K. Gogoi, the learned counsel appears on behalf of the Respondent No.1 and Mr. J. K. Sharma, the learned counsel appears on behalf of the Respondent No.2.
2. The legality and validity of the order dated 25.07.2016 passed by the learned Labour Court, Kamrup (M), Guwahati in Reference Case No.3/2015, have been put to challenge by way of the present writ petition.
3. The issue which has been raised in the instant proceedings is as to whether the Respondent No.2 herein could have been permitted to adduce evidence when the Respondent No.2 did not take
A management's right to adduce evidence in labor disputes must be exercised timely in written statements, and failure to do so negates the ability to introduce new evidence later.
Management must seek permission to lead evidence in cases of unfair inquiry at the outset, as established by precedent.
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.
The Labour Court must first determine the validity of domestic enquiry before evaluating evidence presented for dismissal in industrial disputes.
Strict rules of evidence are not applicable to the proceedings before Labour Court/Tribunal but essentially the rules of natural justice are to be observed in such proceedings.
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....
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