Back
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KAUSHIK GOSWAMI
Management Of Assam Co Operative Jute Mills Ltd. – Appellant
Versus
State Of Assam Represented By The Commissioner And Secretary To The Government Of Assam, Labour And Employment Department – Respondent
| Table of Content |
|---|
| 1. overview of case history and lower court adjudication. (Para 1 , 2 , 3 , 4 , 5) |
| 2. dispute over the obligation to grant opportunities for fresh evidence. (Para 6 , 7 , 22) |
| 3. analysis of judicial precedent regarding procedural rights under section 11a. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 4. summary of requirements for adducing evidence before labour courts. (Para 19) |
| 5. application of procedural law to present case facts. (Para 20 , 21 , 23 , 24) |
| 6. final judicial order disposing of the writ petition. (Para 25 , 26 , 27) |
JUDGMENT :
Heard Mr. M. Nath, learned Senior Counsel assisted by Mr. D. P. Borah, learned counsel for the writ petitioner. Also heard Ms. A. Kalita, learned counsel for the respondent No. 4.
2. The present writ petition under Article 226 of the Constitution of India is directed against the award dated 13.02.2022 passed by the learned Labour Court, Assam in Case No. 01/2022 under Section 2A(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as “the 1947 Act”), whereby the termination of the respondent workman was held to be illegal and the petitioner management was directed to reinstate him in service within three month
The Labour Court must first determine the validity of domestic enquiry before evaluating evidence presented for dismissal in industrial disputes.
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.
Labour Courts must refrain from re-evaluating evidence after confirming the fairness of a disciplinary inquiry; interference is only permissible when findings are perverse or lack evidence.
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.
Point of Law : Satisfaction under Section 11-A, about the guilt or otherwise of the workman concerned, is that of the Tribunal. It has to consider the evidence and come to a conclusion one way or oth....
Stage for interference under Section 11-A by the Tribunal is reached only when it has to consider the punishment after having accepted the finding of guilt recorded by an employer.
Jurisdiction of the Tribunal to reappraise the evidence and come to its conclusion enures to it when it has to adjudicate upon the dispute referred to it in which an employer relies on the findings r....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
