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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY PRASAD
Employers in relation to the Management of Mohuda Area No.II (Now Western Jharia Area) of M/s Bharat Coking Coal Limited – Appellant
Versus
Their Workman being represented by the Secretary – Respondent
| Table of Content |
|---|
| 1. writ petition filed to quash tribunal's award. (Para 1 , 2 , 10) |
| 2. management's argument on procedural fairness and the background of dismissal. (Para 3) |
| 3. petitioner's arguments against the tribunal's findings. (Para 4 , 6 , 8) |
| 4. judicial precedents cited by petitioner for support. (Para 5 , 7 , 9) |
| 5. allegations of misconduct against workman. (Para 12 , 14 , 16) |
| 6. procedural fairness and natural justice principles discussed. (Para 19 , 28 , 30) |
| 7. discussion on supply of enquiry report and its necessity. (Para 31 , 32 , 34) |
| 8. court's decision to dismiss the writ petition. (Para 36 , 40 , 44) |
| 9. the court's decision on the matter, emphasizing dismissal of the writ. (Para 45 , 46) |
JUDGMENT :
This writ petition has been filed for quashing the Award dated 09.09.2009 of the Central Government Industrial Tribunal No.1, Dhanbad (Hereinafter to be referred to as “The Tribunal”) in Ref No. 159 of 1994 (i.e. Annexure-4), whereby the Tribunal has answered the Reference in favour of the concerned Respondent-Workman Sri Kalachand Das directing the Petitioner-Management to reinstate the concerned Respondent-Workman in service with 50% back wages.
2. The case of the Petitioner-Mana
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.
Acquittal in a criminal case impacts subsequent disciplinary proceedings; domestic inquiries must adhere to principles of natural justice to be valid.
Procedural fairness and adherence to principles of natural justice are critical in disciplinary enquiries, and failure to comply can render a dismissal unjust.
Disciplinary proceedings can continue despite acquittal in a criminal case, focusing on preponderance of probabilities rather than beyond a reasonable doubt.
Departmental inquiries require a preponderance of probabilities for proof, differing from the strict standards in criminal trials, and insufficient evidence can render dismissal illegal.
The finding of fact by the Industrial adjudicator can only be interfered with if patently illegal.
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....
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....
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