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R. KALAIMATHI, S. VAIDYANATHAN
S. Raja – Appellant
Versus
Hindustan Unilever Ltd. , Tea Factory Manager – Respondent
JUDGMENT :
(S. Vaidyanathan, J.)
(Prayer: Writ Appeal is filed under Clause 15 of the Letters Patent to set aside the order of the learned Single Judge dated 25.09.2019 made in W.P.No.33610 of 2013.)
1. This Writ Appeal has been filed against the order dated 25.09.2019 made in W.P.No.33610 of 2013, in and by which, the award of the Labour Court was interefered with, thereby justifying the act of the Management in terminating the Appellant herein from service. Aggrieved by the same, the Appellant is before this Court.
2. For the sake of brevity, the parties would be referred to as the “Workman” and the “Management” (Appellant & R1 respectively herein)
3. Brief facts of the case as put forth by the Workman:
ii
The Labour Court has wide power to consider and scrutinize the entire evidence, including the correctness of the findings given by the Enquiry Officer, and has the discretion to interfere with the qu....
The Labour Court must record subjective satisfaction regarding the proportionality of punishment before modifying a dismissal to a lesser penalty under the Industrial Disputes Act.
The main legal point established in the judgment is the interpretation of Section 11-A of the Industrial Disputes Act and the principles governing the jurisdiction of the Tribunal when adjudicating d....
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....
The court affirmed that once a reference is made under the Industrial Disputes Act, the Labour Court must adjudicate the dispute, and upheld the fairness of the domestic inquiry conducted against the....
Discipline and misconduct at the workplace justify dismissal; judicial review cannot re-evaluate evidence or findings of fact from disciplinary bodies.
The absence of a fair opportunity to cross-examine witnesses renders a disciplinary enquiry invalid, and charges not substantiated by evidence cannot warrant dismissal.
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