Case Note & Summary
The petitioner, Narayan S/o Girjuba Gadhekar, filed a writ petition challenging an award of the Labour Court, Aurangabad, in Reference Case No. I.D.A.No.78/1984. The petitioner was a workman employed by the Sillod Taluka Co-operative Marketing Society Ltd. He was terminated from service without any domestic inquiry and without being given any opportunity of hearing. The Labour Court rejected the reference, leading to the present petition. The main legal issue was whether the termination without inquiry was legal. The petitioner argued that the termination violated principles of natural justice and Section 25F of the Industrial Disputes Act, 1947. The respondent society contended that the termination was justified. The court analyzed the facts and found that no domestic inquiry was held and no opportunity was given. The court held that the termination was illegal and set aside the Labour Court's award. The court directed reinstatement of the petitioner with continuity of service and back wages at 50% from the date of termination till reinstatement. The petition was allowed.
Headnote
A) Industrial Law - Termination of Service - Domestic Inquiry - Principles of Natural Justice - Industrial Disputes Act, 1947, Section 25F - The petitioner workman was terminated without any domestic inquiry or opportunity of hearing. The Labour Court's award rejecting the reference was set aside. Held that termination without inquiry is illegal and violative of natural justice. (Paras 1-5)
Issue of Consideration
Whether the termination of the petitioner's service without holding a domestic inquiry and without giving any opportunity of hearing is legal and justified.
Final Decision
The writ petition is allowed. The impugned award of the Labour Court is quashed and set aside. The petitioner is entitled to reinstatement with continuity of service and back wages at 50% from the date of termination till reinstatement. The respondent society is directed to reinstate the petitioner within four weeks.
Law Points
- Termination without domestic inquiry is illegal
- Principles of natural justice must be followed
- Section 25F of Industrial Disputes Act
- 1947 requires notice and compensation before retrenchment
