$~20, 22 to 25 & 27

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 23^rdDecember, 2021

+

W.P.(C) 14889/2021 & CM APPLs. 47058-59/2021

SECURITRANS INDIA (P) LTD.

..... Petitioner

Through:

Mr.

Arun

Mehta,

Advocate

(M-

9811019124).

versus

SHRI MANOJ PRASAD

..... Respondent

Through:

None.

22

WITH

+

W.P.(C) 14901/2021 & CM APPLs. 47079-80/2021

SECURITRANS INDIA (P) LTD.

..... Petitioner

Through:

Mr. Arun Mehta, Advocate

versus

SHRI SHIV BHAGWAN SINGH RATHOR

..... Respondent

Through:

None.

23

AND

+

W.P.(C) 14902/2021 & CM APPLs. 47081-82/2021

SECURITRANS INDIA (P) LTD.

..... Petitioner

Through:

Mr. Arun Mehta, Advocate

versus

SHRI GAURAV DUBEY

..... Respondent

Through:

None.

24

WITH

+

W.P.(C) 14903/2021 & CM APPLs. 47083-84/2021

SECURITRANS INDIA (P) LTD

..... Petitioner

Through:

Mr. Arun Mehta, Advocate

versus

SHRI MANOJ KUMAR YADAV

..... Respondent

Through:

None.

25

WITH

+

W.P.(C) 14904/2021 & CM APPLs. 47085-86/2021

SECURITRANS INDIA (P) LTD

..... Petitioner

Through:

Mr. Arun Mehta, Advocate

versus

SHRI CHANDER BHAN SINGH CHAUHAN

..... Respondent

Through:

None.

2021:DHC:4376

27

AND

+

W.P.(C) 15007/2021 & CM APPLs. 47369-70/2021

SECURITRANS INDIA (P) LTD.

..... Petitioner

Through:

Mr. Arun Mehta, Advocate

versus

SHRI RAHUL

..... Respondent

Through:

None.

CORAM:

JUSTICE PRATHIBA M. SINGH

Prathiba M. Singh, J. (Oral)

1.

This hearing has been done in physical Court. Hybrid mode is

permitted in cases where permission is being sought from the Court.

2.

These

are

six

petitions

filed

by

the

Petitioner-Management

(hereinafter “Management”) challenging the order dated 22^ndNovember,

2021 passed by the Labour Court in LIR No.2920/19, 2921/19, 2922/19,

2023/19, 2925/19 & 2926/19 whereby an application which was filed by the

Management for framing of an additional issue in the proceedings before the

Labour Court, and for deciding the said issue as a preliminary issue was

partly allowed.

3.

In this matter, the Respondents-Workmen (hereinafter “Workmen”),

who were working with the Petitioner at various ATMs, were terminated

after a disciplinary inquiry was held by the Petitioner. The said termination

was challenged by the Workmen before the Labour Court. In the said claims

filed by the Workmen, the terms of reference were framed on 3^rdOctober,

2019. The matter was thereafter proceeded before the Labour Court. On 1^st

October, 2021, the following issues were framed:

2021:DHC:4376

4.

Since the Workmen had been terminated after a proper internal

inquiry which was held by the Management, an application was moved by

the Management seeking framing of a preliminary issue in respect of the

validity and legality of the inquiry. The case of the Management was that as

per the settled legal position, the Labour Court ought to frame an issue in

respect of the said inquiry and thereafter treat the same as a preliminary

issue. The Management relied upon various decisions of the Supreme Court

in this regard. In the said application, the following order was passed by the

Labour Court:

2021:DHC:4376

Issue No. 1A:

Whether the inquiry conducted against the workman

by the management was biased, unfair and not in

consonance with the principles of natural justice?

OPW

5.

Mr. Arun Mehta, ld. Counsel appearing on behalf of the Management,

submits that the grievance of the Management is that if the inquiry related

issue now framed as issue no.1A, is not decided as a preliminary issue and if

the matter is adjudicated upon together finally by the Labour Court, the

Management may lose an opportunity to lead evidence in the matter if for

any reason, the Labour Court holds that the inquiry was not in accordance

with law. He submits that as per the judgments of the Supreme Court in

Cooper Engineering Limited v. Shri P.P. Munde, 1975 AIR 1900 and in

M.L. Singhla v. Punjab National Bank, AIR 2018 SC 4668, the settled

position is that the validity of the domestic inquiry has to be decided as a

preliminary issue in the proceedings before t