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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, R.SAKTHIVEL
Suolificio Linea Italia (India) Private Limited – Appellant
Versus
K.Sachudanandam – Respondent
| Table of Content |
|---|
| 1. factual background of strikes, enquiries and dismissal (Para 2) |
| 2. issues framed on fairness enquiry and prejudice (Para 3 , 4) |
| 3. competing arguments citing firestone and delhi cloth cases (Para 5 , 6 , 7 , 8 , 9) |
| 4. procedure for deciding fairness as preliminary issue (Para 10 , 11 , 12 , 13) |
| 5. supreme court precedents on additional evidence rights (Para 14 , 15) |
| 6. denial of opportunity warrants remand to labour court (Para 17 , 18 , 19) |
| 7. remand order with directions for fresh disposal (Para 20 , 21) |
JUDGMENT :
S. M. SUBRAMANIAM, J.
Under assail is the common order dated 17.07.2023 passed in W.P.Nos.7465 to 7469 of 2013.
2. The present intra-Court appeals under Clause 15 of Letters Patent have been instituted by the Management against workmen. The workmen entered into a strike, which resulted in issuance of a show cause notice by the appellant - Management on 11.05.2011. The workmen were suspended from service and a charge memorandum came to be issued. A domestic enquiry was conducted and the workmen participated in the process of enquiry. The Enquiry Officer held that the charges were proved and accepting the findings of the Enquiry Officer, the second show cause no
Fairness of disputed domestic enquiry must be decided as preliminary issue by Labour Court to enable parties to adduce additional evidence if enquiry held unfair.
The Labour Court must first determine the validity of domestic enquiry before evaluating evidence presented for dismissal in industrial disputes.
An employer's right to lead evidence before a Labour Court following an invalid domestic enquiry is not automatic. It must be explicitly requested at an early stage, such as in the written statement.....
The Labour Court must evaluate the validity of a domestic enquiry before considering the merits of a dismissal case, ensuring adherence to principles of natural justice and the proper application of ....
The management's right to challenge the validity of a domestic enquiry and present fresh evidence is contingent upon the preliminary findings of the Tribunal, and such challenges should not delay the....
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....
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