Case Note & Summary
The petitioner, Sanjeevan Gramin Vaidyakiya & Samajik Sahayata Pratisthan, challenged an order dated 23.12.2011 passed by the learned Presiding Officer, Labour Court, which set aside the termination of the respondent, Gorakhnath Popat Bandhane, from the post of Laboratory Attendant. The Labour Court found that no opportunity whatsoever was given before terminating the respondent, thereby causing a breach of principles of natural justice. Consequently, the Labour Court directed reinstatement with continuity and back wages. The petitioner argued that the proper relief should be to set aside the dismissal with a direction to hold a fresh enquiry from the stage the illegality crept in, relying on the Full Bench judgment in Saindranath Jagannath Jawanjal vs. Pratibha Shikshan Sanstha & Anr. The High Court, after hearing both sides, held that the Labour Court's order setting aside the termination was correct, but modified the relief to allow the employer to hold a fresh enquiry from the stage of the illegality, with back wages to be dependent on the final outcome of the fresh enquiry. The petition was disposed of accordingly.
Headnote
A) Service Law - Termination - Breach of Natural Justice - Termination without any opportunity of hearing violates principles of natural justice - The Labour Court set aside termination and directed reinstatement with continuity and back wages - The High Court upheld the order but modified it to allow the employer to hold a fresh enquiry from the stage the illegality crept in, with back wages dependent on the outcome of the fresh enquiry (Paras 2-5).
Issue of Consideration
Whether the termination of the respondent without any opportunity of hearing is valid and what relief should be granted when termination is set aside for breach of natural justice.
Final Decision
The High Court upheld the setting aside of termination but modified the relief: reinstatement is for the purpose of holding a fresh enquiry from the stage the illegality crept in, and back wages are to be dependent on the final outcome of the fresh enquiry. Petition disposed of.
Law Points
- Principles of natural justice
- Breach of natural justice
- Termination without opportunity of hearing
- Reinstatement with back wages
- Fresh enquiry after illegal termination
Case Details
2012 LawText (BOM) (07) 44
WRIT PETITION NO.1151 OF 2012
Mr.Susheel Mahadeshwar i/by Milind Parab & Associates for the petitioner, Mr.N.M.Ganguli for the respondents
Sanjeevan Gramin Vaidyakiya & Samajik Sahayata Pratisthan through its Chairman Mr.Vasant Ganu Patil & Ors
Gorakhnath Popat Bandhane & Ors
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Nature of Litigation
Writ petition challenging Labour Court order setting aside termination and directing reinstatement with back wages.
Remedy Sought
Petitioner sought to set aside the Labour Court order and allow holding of fresh enquiry.
Filing Reason
Termination of respondent without opportunity of hearing, breach of natural justice.
Previous Decisions
Labour Court order dated 23.12.2011 set aside termination and directed reinstatement with continuity and back wages.
Issues
Whether the termination without opportunity of hearing is valid?
What relief should be granted when termination is set aside for breach of natural justice?
Submissions/Arguments
Petitioner argued that proper relief is to set aside dismissal with direction to hold fresh enquiry from the stage illegality crept in, relying on Full Bench judgment.
Respondent supported the Labour Court order.
Ratio Decidendi
In case of no enquiry or defective enquiry, proper relief is to set aside the dismissal with direction to the management to hold enquiry from the stage the illegality crept in, and reinstatement is for the purposes of holding fresh enquiry and no more. Back wages entitlement is to be made dependent on the final outcome of the fresh enquiry.
Judgment Excerpts
The petitioner has challenged the impugned order dated 23.12.2011 whereby the learned Presiding Officer, considering the termination notice and undisputed facts that no opportunity whatsoever was given before terminating the respondent and thereby caused breach of principles of natural justice, has set aside the termination notice and directed to reinstate to the post of Laboratory Attendant with continuity and back wages.
In case of no enquiry or defective enquiry, proper relief is to set aside the dismissal with direction to the management to hold enquiry from the stage the illegality has crept in and that the reinstatement is to be treated for the purposes of holding fresh enquiry and no more. So far as back wages are concerned, the entitlement thereof is to make dependent on the final outcome of the fresh enquiry.
Procedural History
The Labour Court passed order on 23.12.2011 setting aside termination and directing reinstatement with back wages. The petitioner challenged this order by filing Writ Petition No.1151 of 2012 before the Bombay High Court. The High Court heard the matter and disposed of the petition on 05.07.2012.
