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PIYUSH AGRAWAL
Starion India Pvt. Ltd. – Appellant
Versus
Presiding officer Labour Court U. P. – Respondent
JUDGMENT
Piyush Agrawal, J.
Heard Shri Karshit Nigam, learned counsel for the petitioner, learned standing counsel for State - respondents and Shri Jamal Ahmad Khan, learned counsel for the respondent no. 3.
2. This writ petition has been filed against the impugned award dated 16.08.2022 (published on 10.10.2022) passed by the respondent no. 1 as well as the order dated 24.050.2022 passed by the respondent no. 1.
3. The brief facts of the case are that the respondent no. 3 was appointed as Helper in the year 2002 in the petitioner - establishment. On 23.08.2008, the respondent no. 3 was given a charge sheet for misbehaviour with the H.R. Manager of the petitioner and directed to be remain present for participation in domestic inquiry. After finding the explanation of the respondent no. 3 to be unsatisfactory, the respondent no. 3 was directed to be present for domestic inquiry on 16.09.2008, in which the respondent no. did not participate and therefore, again second show cause notice was issued on 13.10.2008 and after concluding the domestic inquiry, the respondent no. 3 was terminated from service vide order dated 22.01.2009. Thereafter, an industrial dispute was raised and the Sta
The court emphasized the necessity for a fair hearing and thorough examination of evidence in labor disputes, reaffirming that decisions must not be arbitrary but based on substantial merits.
Parties in judicial proceedings should be provided sufficient opportunity to present their case, and cases involving substantive rights should be decided on merits, avoiding ex parte decisions.
Point of law : Supreme Court categorically observed that test that has to be applied is whether defendant honestly and sincerely intended to remain present when the suit was called on for hearing and....
The main legal point established in the judgment is that the termination of services was illegal and unjustified, and the principles of 'last come, first go' were not followed. The court also emphasi....
Termination without notice violates Section 25F of the Industrial Disputes Act, leading to reinstatement and back wages for the workman.
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