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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Mrs. Justice Anubha Rawat Choudhary, J
Smt. Rohini Deshwalin @ Aisha Bibi Wife Of Nunu Sah – Appellant
Versus
M/s Bharat Coking Coal Ltd. – Respondent
JUDGMENT :
ANUBHA RAWAT CHOUDHARY, J.
1. This writ petition has been filed for the following reliefs:-
“(i) For quashing/setting aside the award dated 30.08.12 passed by the Central Government Industrial Tribunal (No. 2) at Dhanbad in Reference Case No. 239 of 2001 whereby and where under it has been held that removal of the petitioner Smt. Rohini Deshwalin/Bhatni Deshwalin by M/s B.C.C.L is legal and proper as the case is of fraudulent employment impersonating the real workman Rohini Deshwalin wife of Kali Deswali.
AND
(ii) further may be pleased in directing the respondents to make payment of all wages and consequential benefits treating the petitioner in continuous employment since the date of her removal being 18.03.2000 till the date of her superannuation attained on 10.01.2009 and set aside the order of removal vide letter no. WJA/BHD/P.O. 2000/587 dated 18.03.2000 (Annexure-1)
AND
(iii) to pass such other order(s), direction(s) as your lordships may deem fit and proper in the interest of justice.”
2. The terms of reference to the Industrial Tribunal (No. 2) were as under: -
“Whether the removal of Smt. Rohni Deswalin/Bhatni Deswalin from the service by the management of BCCL Western
An employer must conduct a proper departmental enquiry before terminating an employee for misconduct; failure to do so renders the termination unjustified.
Mistakes in implementation of disciplinary proceedings do not invalidate findings against impersonation if the misconduct is substantiated. Delays in proceedings, while regrettable, do not excuse fra....
The Labour Court must first determine the validity of domestic enquiry before evaluating evidence presented for dismissal in industrial disputes.
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....
Disciplinary proceedings can continue despite acquittal in a criminal case, focusing on preponderance of probabilities rather than beyond a reasonable doubt.
The appointment being void ab initio precludes the petitioner from claiming reinstatement and other benefits.
The requirement of natural justice necessitates supplying an inquiry report to the delinquent, and failure to do so invalidates disciplinary action, justifying reinstatement of the employee.
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