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ALOK MATHUR
Manitou Equipment India Private Limited – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
1. Heard Sri Atul Mehra and Sri Vivek Ratan Agrawal for the petitioner, learned Standing counsel for respondent no.s 1, 2 and 4 and Sri Man Mohan Singh for respondent No.3
2. Learned counsel for the petitioner has submitted that the impugned award was passed at the behest of two workers while only one of the workers has been arrayed as a respondent and prays that he may be permitted to implead Sri Jitendra Singh as respondent No.5.
3. Learned counsel for the respondents including Sri Man Mohan Singh do not object to the prayer made by the petitioner. Accordingly, the prayer is allowed. Learned counsel for the petitioner is permitted to incorporate Sri Jitendra Singh as respondent No.5 in the array of the respondents in the memo of the petition during the course of day.
4. With the consent of the parties the petition is being decided at the admission stage itself.
5. The petitioner is aggrieved by the award dated 21.2.2023 published on 17.4.2023 whereby the claim of respondent No.s 3 to 5 -workman has been allowed and the workman has been directed to be reinstated in service along with back wages.
6. Learned counsel for the petitioner has submitted that the petitioner-com
The main legal point established in the judgment is that the Labour Court has a duty to grant the employer the opportunity to lead evidence in support of the charges once the domestic inquiry is foun....
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.....
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.
In a situation where the domestic enquiry is found to be vitiated, only the evidence adduced before the labour court should be considered to establish the charges. The evidence from the domestic enqu....
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