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SANJAY DWIVEDI
Shiv Das (Deceased) represented by His LRs – Appellant
Versus
South Eastern Coalfield Ltd. through Sub Area Manager – Respondent
ORDER
1. This petition is under Article 227 of the Constitution of India questioning the validity of the order dated 28.5.2019 (Annexure P/5) whereby the Presiding Officer, Central Government Industrial Tribunal (CGIT) Jabalpur has allowed the respondent/management to prove the charge of misconduct by leading evidence even after the death of the workman during pendency of proceeding before the CGIT.
2. Although, the objection was raised by the claimants/workman side that after the death of workman misconduct cannot be proved and no permission to lead evidence can be granted to the management. The claimants therefore, refused to cross-examine the witnesses produced by the management because, according to them in view of the circular issued by the Central Government, the misconduct cannot be proved after the death of workman. The circular dated 20.10.1999 provides that the disciplinary proceeding, to prove the misconduct after the death of workman, should be closed.
3. Finally the CGIT closed the right of the claimants to cross examine the witnesses produced by the management. Thus, this order is under challenge by filing this petition saying that the Tribunal should not have allowed t
Proceedings under the Industrial Disputes Act cannot continue post the death of a workman, as effective representation and cross-examination are not possible.
The court emphasized the importance of framing preliminary issues and allowing the respondent to lead evidence to prove misconduct if the inquiry is vitiated or findings are perverse, as supported by....
The management's right to challenge the validity of a domestic enquiry and present fresh evidence is contingent upon the preliminary findings of the Tribunal, and such challenges should not delay the....
Management must seek permission to lead evidence in cases of unfair inquiry at the outset, as established by precedent.
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