IMPORTANT POINT
The court established that issues regarding the violation of principles of natural justice in domestic enquiries should be decided as preliminary issues to ensure fairness and expedite the adjudication process.

JUDGMENT :

(Dinesh Pathak, J.):

1. Heard learned counsel for the petitioner, learned Standing Counsel for respondent no.1 and Shri Shekhar Srivastava, Advocate who has assisted the Court without filing his memo of appearance on behalf of respondent no.2.

2. In view of the peculiar facts and circumstances of the present case and the order proposed to be passed hereunder, this Court proceeds to decide the instant writ petition finally, without calling for respective affidavits of the parties concerned, with the consent of learned counsel for the parties present in the Court.

3. The petitioner has invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India assailing the order dated 18.11.2023 passed by the Presiding Officer, Labour Court, Ghaziabad whereby application dated 08.08.2023 (Paper No.13-D) moved on behalf of the petitioner to decide the issue no.1 as a preliminary issue has been rejected.

4. Facts culled out from the record are that the workman (respondent no.2) has been terminated from service after departmental enquiry vide order dated 20.05.2020 w.e.f. 01.06.2020. Having been aggrieved, respondent no.2 has moved claim petition under the Uttar Pradesh Industrial Disputes Act, 1947 (in brevity 'Act, 1947'). On the said application, question has been referred for adjudication with respect to termination of respondent no.2 since 01.06.2020. During pendency of adjudication case, labour court, vide order dated 27.01.2023, has framed two issues, first, qua adhering to the principles of natural justice while conducting the domestic enquiry and, second, legality and validity of terminating the services of workman with effect from 01.06.2020. At later stage, the petitioner has moved an application dated 08.08.2023 (Paper No.13-D) to decide the issue no.1 as a preliminary issue. The labour court has rejected the said application, vide order dated 18.11.2023, which is under consideration before this Court.

5. It is submitted by learned counsel for the petitioner that the labour court has illegally rejected the said application (Paper No.13-D) without properly considering the gravity of issue no.1. The question relating to violation of principles of natural justice while conducting the domestic enquiry is a paramount consideration for deciding the adjudication case under the Act, 1947, therefore, same is liable to be decided as a preliminary issue. In support of his submission, learned counsel for the petitioner has cited the following cases :-

(i) Shankar Chakravarti vs. Britannia Biscuit Co. Ltd & Another reported in 1979 AIR 1652 (Full Bench decision).

(ii) M.L.Singla vs. Punjab National Bank reported in 2018 (18) SCC 21.

(iii) Kurukshetra University vs. Prithvi Singh reported in AIR 2018 S.C. 973.

(iv) Shamli Distillery And Chemical Works Shamli vs. State of Uttar Pradesh And 2 Others decided by Coordinate Bench of this Court on 13.11.2019 in Writ-C No.31147 of 2019.

6. Per contra, Shri Shekhar Srivastava, Advocate vehemently opposed the submissions advanced by counsel for the petitioner and contended that issue no.1 regarding violation of principles of natural justice in domestic enquiry cannot be considered as preliminary issue inasmuch as it is a question of fact and requires evidence to decide the same. It is further contended that intention of the establishment is only to protract the litigation. Both the issues, as framed by the labour court, vide order dated 27.01.2023, requires common evidence to be adduced by the parties, therefore, once the evidence are adduced by the parties, there is no justification to decide one issue as a preliminary issue inasmuch as both the issues can be decided simultaneously. In support of his case he has cited the following cases :

(i) Judgment of the Apex Court in the case of Gregory Patrao & Others vs. Mangalore Refinery and Petrochemicals Limited & Others reported in (2022) 10 SCC 461.

(ii) Full Bench judgment of this Court in the case of M/s. Swarup