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ANUBHA RAWAT CHOUDHARY
Central Coalfields Limited – Appellant
Versus
Maya Devi wife of Late Rajendra Dubey – Respondent
JUDGMENT :
Anubha Rawat Choudhary, J.
W.P. (L) No. 2254 of 2011 has been filed challenging the Award dated 29.06.2010 (Annexure-11) passed by the learned Presiding Officer, Central Government Industrial Tribunal No. I, Dhanbad in Reference No. 167 of 1997 whereby the Reference has been answered in favour of the concerned workman by directing reinstatement with full back wages and other consequential benefits. A further prayer has been made challenging order dated 06.06.2005 (Annexure-9) on preliminary issue whereby the learned Tribunal held that the domestic enquiry was not fair.
2. Cr. M.P. No. 2316 of 2014 has been filed for quashing of the order dated 16.05.2013 passed in G. Case No. 46/2013 by A.C.J.M. Hazaribagh whereby the cognizance has been taken under section 29 of the Industrial Disputes Act,1947 and summons have been issued against the petitioners now the case is pending in the court of learned Judicial Magistrate, 1st Class, Hazaribagh.
W.P. (L) No. 2254 of 2011
3. Vide Order dated 19.09.1997, the Central Government in the Ministry of Labour in exercise of the powers conferred by clause (d) of sub-sec. (1) and sub-section (2A) of section 10 of the Industrial Disputes Act, 19
The court affirmed that a domestic enquiry must adhere to principles of natural justice, including the service of charge-sheets, and modified the award to grant only 50% back wages due to lack of evi....
Point of law : The enquiry was held without any basis and complaint and the charges could not be proved by the petitioners in the domestic enquiry as well as before the tribunal on opportunity given.
The burden of proof of the employee's unemployment during the interregnum period lies with the employee, and the initial onus is on the employee to plead and prove that he was not gainfully employed.....
The court emphasized the need for proper inquiry under the Industrial Disputes Act, affirming that wrongful termination without due process warrants reinstatement with continuity of service and back ....
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