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DINESH PATHAK
Charan Pal Singh – Appellant
Versus
Presiding Officer Labour Court – Respondent
JUDGMENT
Dinesh Pathak, J.
Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondent and perused the record on board.
2. Petitioner has invoked the extra-ordinary jurisdiction of this Court under Article 226 of the Constitution of India assailing the order dated 17.01.2024 passed by Presiding Officer, labour Court-II, in Adjudication Case No.457/1998, whereby additional issue being a preliminary issue has been decided against the present petitioner (workman) upholding the validity of the departmental enquiry procedure adopted by the employer. Record reveals that petitioner has been terminated from service, vide order dated 18.12.2010, on the basis of the departmental enquiry conducted by the employer. On the application moved by the petitioner under the U.P. Industrial Disputes Act, reference has been made to examine the validity of the termination order dated 18.12.2010. Having reference order received, learned Labour Court has framed preliminary issue qua the validity of the procedure adopted by the employer during departmental enquiry and decided the same in affirmative, vide order impugned dated 17.01.2024, upholding the procedure valid adopted d
The court upheld the validity of the departmental enquiry procedure, affirming the petitioner's right to challenge the termination grounds without curtailment.
The main legal point established is that in cases of dismissal or discharge of an employee referred for industrial adjudication, the Labour Court should first decide whether the domestic enquiry viol....
Point of Law : Satisfaction under Section 11-A, about the guilt or otherwise of the workman concerned, is that of the Tribunal. It has to consider the evidence and come to a conclusion one way or oth....
Stage for interference under Section 11-A by the Tribunal is reached only when it has to consider the punishment after having accepted the finding of guilt recorded by an employer.
Jurisdiction of the Tribunal to reappraise the evidence and come to its conclusion enures to it when it has to adjudicate upon the dispute referred to it in which an employer relies on the findings r....
A domestic inquiry cannot be deemed fair without proper evidentiary procedures, including witness examination and cross-examination, as per the principles outlined in the Industrial Disputes Act.
The reliance on additional evidence and cross-examination to establish misconduct must be in accordance with legal propositions.
Misconducts - Award Modified - Workman was earning by plying rickshaw since his dismissal i.e. from 1990, appropriate relief may be moulded in favour of workman by tilting balance -Workman be paid re....
The central legal point established in the judgment is the limited power of the authority under Section 33(2)(b) of the Industrial Disputes Act, 1947 and the need for the employee to raise an industr....
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