Acquittal in criminal case does not entitle the workman to be not held guilty in domestic enquiry.

Markandey Katju, CJ.

These writ appeals have been filed against the impugned judgment of the learned single Judge dated 19.04.2002.

2. We have heard learned counsel for the parties and have perused the impugned judgment and also the record including the award of the Labour Court.

3. The respondent was a driver in a bus of the appellant. When he was driving the bus there was an accident on 28.11.1985 and in that accident eight passengers including the van driver were killed and five were injured. A domestic enquiry was held in which the workman was given an opportunity of hearing and thereafter he was found guilty. He was given a second show cause notice and thereafter he was dismissed on 13.09.1988.

4. He raised an industrial dispute and the matter was referred to the Labour Court, which passed its award on 1.7.1994.

5. The Labour Court in the relevant portion of its award stated:-

“Today an endorsement was made on behalf of the petitioner to the effect that the petitioner is not assailing the enquiry. From a perusal of the enquiry proceedings coupled with the endorsement made on behalf of the petitioner, it is clear that the accident took place on account of his negligence. But, the further question is whether that occurrence of the accident will warrant dismissal of the petitioner. There are several reasons for the occurrence of an accident. The fact that the petitioner was not found guilty by the Magistrate goes a long way to show that the petitioner/driver is not totally responsible for the occurrence. I feel that it is a fit case for invoking Section 11-A of the Industrial Disputes Act. Accordingly, I feel that the interest of justice will be met if the petitioner is taken back as a fresh candidate without backwages and without continuity of service by the respondent. Accordingly, the points are answered.”

6. A perusal of the above passage shows that the workman had himself admitted that the enquiry was fair and proper because he did not assail it. The Labour Court has recorded a finding of fact that the accident took place on account of the negligence of the workman. This being a finding of fact could not have been interfered with in writ jurisdiction.

7. However, it appears that the Labour Court has interfered with the dismissal order because the workman concerned was acquitted in the criminal case on the same charges.

8. It is well settled that on the same charges when there is a criminal proceeding as well as a domestic enquiry, merely because the workman is found innocent in the criminal case, it does not mean that he cannot be found guilty in the departmental/domestic enquiry vide Thenmozhi V. The Chairman & Managing Director, Neyveli Lignite Corporation in W.A.Nos.202 and 203 of 2005 dated 08.02.2005.

9. In the aforesaid Division Bench decision reliance had been placed on the Supreme Court decisions in Allahabad District Co-operative Bank Ltd., Vs. Vidhya Varidh Mishra, (2004) 6 SCC 482 and Secretary, Ministry of Home Affairs and Another V. Tahir Ali Khan Tyagi, JT 2002 (Supp.1) SC 520.

10. In paragraph 12 of the decision in Allahabad District Co-op. Bank Ltd., Vs. Vidhya Varidh Mishra (supra) the Supreme Court observed:-

“Mr.Rao submitted that the respondent had been exonerated by the criminal court. He submitted that the termination was only on the basis of his conviction. He submitted that as his conviction is set aside, the Courts below were right in reinstating the respondent. We are unable to accede to this submission. The termination was pursuant to a disciplinary inquiry. It is settled law that in a disciplinary inquiry a conclusion different from that arrived at by a criminal court, may be arrived at. The strict burden of proof required to establish guilt in a criminal Court is not required in disciplinary proceeding. The respondent has not claimed that the disciplinary proceedings were not conducted fairly. As the termination was based on findings of the Disciplinary Committee, the fact that the