Case Note & Summary
The petitioner, a conductor employed by the Maharashtra State Road Transport Corporation, was charged with misappropriating Rs. 58 by issuing blank paper slips instead of printed tickets to passengers. A domestic enquiry was conducted, and the Enquiry Officer found the charges proved. The petitioner challenged the proposed dismissal by filing a complaint under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, before the Labour Court. The Labour Court framed preliminary issues on the fairness of the enquiry and perversity of findings, answering both against the petitioner. The Industrial Court dismissed the revision filed by the petitioner. The High Court, in writ jurisdiction, examined the record and found no infirmity in the concurrent findings. The court noted that the petitioner participated in the enquiry and was given full opportunity. The findings were based on evidence, and the courts below had correctly applied the law. The petition was dismissed, and rule discharged.
Headnote
A) Industrial Law - Domestic Enquiry - Fairness - Preliminary Issue - Whether departmental enquiry conducted is fair, proper, legal and in accordance with principles of natural justice - Labour Court answered against employee - Industrial Court upheld - High Court found no infirmity - Held that the enquiry was fair and proper (Paras 2-5).
B) Industrial Law - Domestic Enquiry - Perversity of Findings - Whether findings of Enquiry Officer are perverse - Labour Court answered against employee - Industrial Court upheld - High Court found no perversity - Held that findings were based on evidence (Paras 2-5).
Issue of Consideration
Whether the Labour Court and Industrial Court correctly answered the preliminary issues regarding fairness of domestic enquiry and perversity of findings against the petitioner.
Final Decision
The High Court dismissed the writ petition, finding no infirmity in the orders of the Labour Court and Industrial Court. Rule discharged.
Law Points
- Fairness of domestic enquiry
- Perversity of findings
- Scope of judicial review under Industrial Disputes Act
- 1947
- Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act
- 1971
Case Details
2022 LawText (BOM) (12) 6
WRIT PETITION NO. 12331 OF 2022
Shri Shailendra S. Kulkarni for the Petitioner, Shri Anand D. Wange for the Respondent
Chandrakant S/o Samindar Suryawanshi
The Divisional Controller, Maharashtra State Road Transport Corporation, Division Latur
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Nature of Litigation
Writ petition challenging the judgment and order of the Industrial Court dismissing revision and confirming Labour Court's order on preliminary issues in a complaint against unfair labour practice.
Remedy Sought
Petitioner sought to quash the orders of Labour Court and Industrial Court and to set aside the proposed penalty of dismissal.
Filing Reason
Petitioner was charged with misappropriation of Rs. 58 by issuing blank paper slips instead of tickets; domestic enquiry found charges proved; show cause notice proposed dismissal; petitioner challenged the same.
Previous Decisions
Labour Court answered preliminary issues against petitioner; Industrial Court dismissed revision; hence this writ petition.
Issues
Whether the domestic enquiry conducted against the petitioner was fair, proper, legal and in accordance with principles of natural justice.
Whether the findings of the Enquiry Officer are perverse.
Submissions/Arguments
Petitioner argued that the enquiry was not fair and findings were perverse.
Respondent supported the concurrent findings of the courts below.
Ratio Decidendi
The Labour Court and Industrial Court correctly answered the preliminary issues against the employee. The domestic enquiry was fair and proper, and the findings of the Enquiry Officer were not perverse. The High Court in writ jurisdiction does not re-appreciate evidence unless there is perversity or violation of natural justice.
Judgment Excerpts
Shorn of unnecessary details, the facts of the present case are that the petitioner was appointed on the post of conductor in the respondent/corporation.
Domestic enquiry was conducted into the charges, in which petitioner participated.
By order dated 14.03.2013, the Labour Court restrained the respondent-corporation from issuing final penalty order in pursuance of the show cause notice, on account of which Petitioner continues to be in service.
Procedural History
Charge sheet issued on 17.05.2012; domestic enquiry held; Enquiry Officer submitted report holding charges proved; show cause notice dated 14.01.2013 proposing dismissal; petitioner filed Complaint (ULP) No. 08 of 2013 before Labour Court; Labour Court granted interim stay on 14.03.2013; Labour Court answered preliminary issues against petitioner on 13.11.2021; petitioner filed Revision (ULP) No. 21 of 2022 before Industrial Court; Industrial Court dismissed revision on 06.10.2022; petitioner filed Writ Petition No. 12331 of 2022 before High Court; High Court dismissed petition on 07.12.2022.
Acts & Sections
- Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971:
- Industrial Disputes Act, 1947:
