Case Note & Summary
The petitioners, Maharashtra State Cooperative Cotton Growers Marketing Federation Ltd., challenged the judgment and order dated 29/02/2010 of the Labour Court, Nanded in Complaint U.L.P. No.45/2002 and the judgment and order dated 10/08/2012 of the Industrial Court, Jalna in Revision U.L.P. No.29/2010. The respondent, Vasant Ambadas Deshpande, was an employee of the petitioner Federation. On 19/06/2001, the petitioners issued a charge sheet cum show cause notice to the respondent alleging three misconducts of mixing inferior quality cotton into superior quality cotton, causing a loss of Rs.5,25,616.20. After a domestic enquiry, a second show cause notice dated 23/01/2002 was issued proposing the punishment of compulsory retirement and conversion of suspension period into punishment. Before any final order was passed, the respondent filed a complaint under the MRTU & PULP Act before the Labour Court, Jalna (later transferred to Nanded and renumbered as U.L.P. No.1/2002). The Labour Court allowed the complaint, quashed the second show cause notice, and virtually prevented the petitioners from initiating any disciplinary action. The petitioners' revision before the Industrial Court was dismissed. The High Court held that a complaint against a show cause notice proposing punishment is not maintainable under the MRTU & PULP Act, as the employer has not yet passed a final order. The Labour Court and Industrial Court erred in entertaining the complaint at the stage of the show cause notice. The High Court allowed the writ petition, set aside the impugned orders, and directed the petitioners to proceed with disciplinary action in accordance with law, after giving the respondent an opportunity of hearing.
Headnote
A) Industrial Law - Maintainability of Complaint - Show Cause Notice - Section 28 of Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (MRTU & PULP Act) - Complaint against second show cause notice proposing punishment before final order is not maintainable - Labour Court cannot interfere at the stage of show cause notice - Held that disciplinary proceedings can be challenged only after the final order of punishment is passed (Paras 8-10).
Issue of Consideration
Whether a complaint under the MRTU & PULP Act is maintainable against a show cause notice proposing punishment before the final order of punishment is passed.
Final Decision
Writ petition allowed. Impugned judgment and order dated 29/02/2010 of Labour Court, Nanded and judgment and order dated 10/08/2012 of Industrial Court, Jalna are quashed and set aside. Petitioners are at liberty to proceed with disciplinary action in accordance with law after giving opportunity of hearing to respondent. Rule made absolute accordingly.
Law Points
- Complaint against show cause notice not maintainable
- Labour Court cannot interfere at stage of show cause notice
- Disciplinary proceedings can be challenged only after final order
- MRTU & PULP Act Section 28
