Case Note & Summary
The petitioner, Subhash Mohanlal Chandak, was appointed as a Junior Inspector with The New India Assurance Company Ltd. on 28.03.1980. On 04.05.1982, he was suspended and charged with misconduct, including taking bribes for expeditious settlement of claims and submitting false particulars, which were deemed serious under the General Insurance (Conduct, Discipline and Appeal) Rules, 1975. An enquiry was conducted, and the petitioner was dismissed from service. He raised an industrial dispute, which was taken up by the Deputy Labour Commissioner (Central), Nagpur. On 29.11.2016 and 05.12.2016, the Deputy Labour Commissioner passed orders treating the dispute as disposed of and submitted a report under Section 2(4) of the Industrial Disputes Act, 1947, stating that the matter could not be proceeded with due to the petitioner's absence. The petitioner challenged these orders by way of a writ petition before the Bombay High Court, Nagpur Bench. The court found that the Deputy Labour Commissioner had not provided a reasonable opportunity of hearing to the petitioner, as the matter was disposed of on a single date of absence without granting an adjournment or ensuring proper notice. The court held that the orders violated principles of natural justice and quashed them, directing the Deputy Labour Commissioner to restore the industrial dispute to its original number and decide it afresh after giving a reasonable opportunity of hearing to both parties. The writ petition was allowed.
Headnote
A) Industrial Law - Conciliation Proceedings - Reasonable Opportunity - Section 2(4) Industrial Disputes Act, 1947 - The Deputy Labour Commissioner disposed of the industrial dispute as not proceeded with due to the absence of the workman on a single date without granting an adjournment or ensuring proper notice - Held that the order violated principles of natural justice as the workman was not given a reasonable opportunity to present his case (Paras 1-2).
Issue of Consideration
Whether the Deputy Labour Commissioner (Central) was justified in disposing of the industrial dispute and submitting a failure report under Section 2(4) of the Industrial Disputes Act, 1947 without providing a reasonable opportunity of hearing to the workman.
Final Decision
The writ petition is allowed. The impugned orders dated 29.11.2016 and 05.12.2016 passed by the Deputy Labour Commissioner (Central), Nagpur are quashed and set aside. The Deputy Labour Commissioner is directed to restore the industrial dispute to its original number and decide it afresh after giving a reasonable opportunity of hearing to both parties. Rule is made absolute accordingly.
Law Points
- Principles of natural justice
- reasonable opportunity of hearing
- industrial dispute
- conciliation proceedings
- Section 2(4) Industrial Disputes Act
- 1947
