Case Note & Summary
The petitioner, Subrat Kumar Sahoo, was employed as a Librarian at Thakur College of Science and Commerce, managed by Thakur Educational Trust. He was terminated from service following a disciplinary enquiry. Aggrieved, he approached the Mumbai University and College Tribunal, which set aside the termination order on the ground of procedural irregularities but granted liberty to the employer to hold a fresh enquiry and denied backwages. The petitioner challenged the denial of backwages and the grant of liberty to hold a fresh enquiry. The High Court examined the Tribunal's order and found that the grant of liberty to hold a fresh enquiry was justified as the termination was set aside on technical grounds. However, the Court held that the denial of backwages required a more detailed consideration, as the Tribunal had not provided adequate reasons. The Court directed the employer to pay the petitioner's salary from the date of termination until the date of the Tribunal's order, subject to the outcome of the fresh enquiry. The petition was partly allowed.
Headnote
A) Service Law - Termination - Enquiry - Backwages - The Tribunal set aside termination due to procedural irregularities but granted liberty to hold fresh enquiry and denied backwages - The High Court held that the Tribunal's order granting liberty to hold fresh enquiry was proper, but denial of backwages required reconsideration - Held that backwages should be considered based on facts and circumstances (Paras 1-10).
Issue of Consideration
Whether the Tribunal erred in granting liberty to the employer to hold a fresh enquiry and in denying backwages to the petitioner after setting aside the termination order.
Final Decision
The High Court partly allowed the petition. The order granting liberty to hold fresh enquiry was upheld. The matter was remanded to the Tribunal for reconsideration of the issue of backwages, with a direction to the employer to pay salary from the date of termination until the date of the Tribunal's order, subject to the outcome of the fresh enquiry.
Law Points
- Natural justice
- Enquiry procedure
- Backwages
- Liberty to hold fresh enquiry
- Service law
Case Details
2023 LawText (BOM) (09) 41
Writ Petition No. 10472 of 2022 with Interim Application No. 4447 of 2023
Mr. Shashikant Damodarlal Chandak, a/w. Ms. Kanchan Shashikant Chandak for Petitioner; Mr. Arun Panicker, a/w. Mr. Mangesh Sawant for Respondent Nos.2 & 3
The Ld. Presiding Officer, Mumbai University and College Tribunal; Thakur Educational Trust; Thakur College of Science and Commerce
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Nature of Litigation
Service dispute challenging Tribunal's order granting liberty to hold fresh enquiry and denying backwages after setting aside termination.
Remedy Sought
Petitioner sought setting aside of the Tribunal's order to the extent of grant of liberty to hold fresh enquiry and non-grant of backwages.
Filing Reason
Petitioner was terminated from service; Tribunal set aside termination but granted liberty to hold fresh enquiry and denied backwages.
Previous Decisions
The Mumbai University and College Tribunal passed judgment and order dated 10 December 2021 setting aside termination but granting liberty to hold fresh enquiry and denying backwages.
Issues
Whether the Tribunal erred in granting liberty to the employer to hold a fresh enquiry after setting aside the termination order?
Whether the Tribunal erred in denying backwages to the petitioner?
Submissions/Arguments
Petitioner argued that the Tribunal should not have granted liberty to hold fresh enquiry and should have granted backwages.
Respondents argued that the Tribunal's order was correct and the petition should be dismissed.
Ratio Decidendi
The Tribunal's grant of liberty to hold fresh enquiry was proper as the termination was set aside on technical grounds. However, denial of backwages requires detailed consideration based on facts and circumstances.
Judgment Excerpts
This petition is filed by Petitioner challenging the judgment and order dated 10 December 2021 passed by the Presiding Officer, Mumbai University and College Tribunal to the extent of grant of liberty to hold fresh enquiry and non-grant of backwages.
The Tribunal has set aside the termination order on the ground of procedural irregularities but granted liberty to hold fresh enquiry and denied backwages.
Procedural History
The petitioner was terminated from service. He approached the Mumbai University and College Tribunal, which set aside the termination on 10 December 2021 but granted liberty to hold fresh enquiry and denied backwages. The petitioner then filed the present writ petition challenging those parts of the order.
