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MANINDER S. BHATTI
VIJAY KUMAR S/o SHYAMLAL SHARMA – Appellant
Versus
RAJASTHAN PATRIKA PVT. LTD. – Respondent
ORDER : – The petitioner has filed this petition under Article 227 of the Constitution of India while praying for following reliefs : –
“(i) This Hon’ble Court may kindly be pleased to set aside the impugned order dated 29-2-2020 contained in Annexure -P-12 passed by Court below in Case No. 43/2016. (ii) This Hon’ble Court may kindly be further pleased to quash the impugned order dated 16-9-2021 contained in Annexure-P-16 by the Court below in Case No. 43/2016. (iii) This Hon’ble Court may kindly be further pleased to direct the Court below to record evidence after affording proper opportunity of adducing evidence to the petitioner and should not fix the case for final arguments till both the parties declare that their evidence have been closed. (iv) Any other relief, to which the petitioner is found entitled to, be also granted. (v) Cost of the petition.”
2. The facts as put forth in the petition reflect that the petitioner was working as Journalist with Rajasthan Patrika Private Limited, District-Bhopal (respondent/employer). Respondent/employer filed an application under section 33(2)(b) of the Industrial Disputes Act, 1947, seeking approval of termination of the petitioner. The
Writ petitions against interlocutory orders of the Labour Court are not maintainable.
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 court established that amendments to pleadings in Labour Court proceedings should be allowed liberally to serve the interests of justice, even if procedural errors occur.
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....
The court's decision emphasized the importance of the petitioner's genuine interest in joining the transferred post and the application of jurisdictional provisions under the Industrial Disputes Act ....
A writ court will not interfere with a Labour Court's order where the party complaining of a denial of natural justice has been granted multiple opportunities to adduce evidence but failed to do so, ....
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