In industrial disputes involving dismissal, the Labour Court must first frame a preliminary issue regarding the legality of the domestic enquiry. If valid, it must then assess the proportionality of the punishment. Failure to follow this procedure constitutes a jurisdictional error requiring judicial interference.

JUDGMENT :

DEVASHIS BARUAH, J.

Heard Ms. J.R. Thakur, the learned counsel appearing on behalf of the petitioner. Mr. M.K. Mishra, the learned counsel appears on behalf of the respondent No. 1.

2. At the outset, this Court would like to strike out the name of the respondent No. 2 from the array of parties, taking into account the well settled principle that an officer who exercises judicial powers ought not to be arrayed as a party to the writ proceedings. In fact, the Supreme Court had deprecated such a practice.

PREFACE

3. The present writ petition has been filed assailing the Award dated 29.02.2016 passed by the learned Labour Court, Dibrugarh in Reference Case No. 02/2009, whereby the Reference made vide Notification dated 20.11.2008 was answered holding inter alia that the management of Borjan Tea Estate was justified in dismissing the services of the workmen and that the workmen were not entitled to reinstatement with full back wages.

BRIEF FACTS

4. Before taking note of the impugned Award assailed in the present proceedings, this Court finds it very pertinent to take note of the brief facts leading to Reference Case No. 02/2009.

On 20.03.2007, at around 7:30 A.M., approximately 1,500 workers of Borjan Tea Estate assembled in front of the factory gate and made an outcry. Thereupon, some of the workers forcefully entered the factory compound as well as the Manager’s office by breaking the lock of the gate, in spite of resistance from the security man and started shouting, pelting stones, damaging the furniture and fixtures of the office. The then Manager, Mr. Sanjoy Das, sustained serious injuries in the said incident. It is on account of the intervention of the police, the incident could be subdued. This resulted into a lockout of the Borjan Tea Estate for a period of 11 (eleven) days.

5. Subsequently, on 07.04.2007, 11 (eleven) workmen were issued Charge Sheets alleging inter alia that they were responsible for forming an unlawful assembly outside the garden gate and for instigating other workers to do the same. It was further alleged that these workmen incited other workers to pelt stones at the office, which led to a violent situation coming into being, causing damage to the garden property, trespass into the Manager’s office, and breaking of office furniture and other valuables. The management also alleged that it suffered losses amounting to Rs. 19,66,450/. The workmen were charged with willful insubordination, riotous conduct, inciting others to violence and disturbance and willful destruction of garden property, amounting to gross misconduct under Clause 10(a)(1), (7), (8), and (11) of the Standing Orders in force in the Estate.

6. The workmen thereupon submitted their respective replies stating inter alia that they were nowhere connected with the incident, though they were present among other workers of the Borjan Tea Estate. One of the workmen namely Shri Dilip Tanti, who was the gateman categorically stated that the gate in question was broken/open by some of the workers after overpowering him.

7. The management being not satisfied appointed an Enquiry Officer to hold 11 (eleven) independent domestic enquiries against the workmen. Pursuant thereto, the Enquiry Officer conducted the enquiries and submitted 11 (eleven) domestic enquiry reports opining inter alia that all the workmen were guilty of gross misconduct inasmuch as, as per the Enquiry Officer, the management had proved beyond reasonable doubt that these 11 (el