Case Note & Summary
The petitioner, Godrej and Boyce Manufacturing Company Ltd., challenged the order dated 18.01.2013 of the Industrial Tribunal and Labour Court at Panaji in Reference IT No. 35/2010. The Tribunal had answered a preliminary issue in the affirmative, holding that the domestic enquiry conducted against the respondents/workmen was unjust, illegal and in violation of principles of natural justice. The respondents were employed with the erstwhile M/s Cartini India Ltd., which was taken over by the petitioner. They were employed between July 1997 and 1999. According to the petitioner, the respondents assaulted a temporary workman, Ms. Sarita Arjun Naik, on 26.07.2008, leading to a police complaint and registration of an offence under Sections 504 and 323 IPC. The management placed them under suspension, but they refused to accept the order and insulted the Manager/Director. The respondents were represented by Gomantak Mazdoor Sangh, a registered trade union. The core legal issue was whether the domestic enquiry was conducted fairly. The Tribunal found that the workmen were not supplied with relevant documents and were denied the right to cross-examine the complainant, violating natural justice. The High Court, after hearing arguments, upheld the Tribunal's order, dismissing the writ petition. The court held that the enquiry officer's failure to provide documents and opportunity to cross-examine rendered the enquiry invalid. The decision primarily favored the respondents/workmen.
Headnote
A) Industrial Law - Domestic Enquiry - Principles of Natural Justice - Violation - The Tribunal held that the domestic enquiry was unjust and illegal as the workmen were not supplied with relevant documents and were denied the right to cross-examine the complainant - The court upheld the Tribunal's finding that the enquiry was vitiated due to non-compliance with natural justice - Held that failure to provide documents and opportunity to cross-examine renders the enquiry invalid (Paras 2-10).
Issue of Consideration
Whether the domestic enquiry conducted against the respondents/workmen was unjust, illegal and in violation of principles of natural justice.
Final Decision
The High Court dismissed the writ petition, upholding the Tribunal's order dated 18.01.2013.
Law Points
- Principles of natural justice
- domestic enquiry
- unfair labour practice
- Industrial Disputes Act
- 1947
- Section 11A
- right to cross-examination
- supply of documents
