Case Note & Summary
The writ petition arose from an employer's challenge to two orders of the Labour Court which had refused to approve the dismissal of a workman under Section 33(2)(b) of the Industrial Disputes Act, 1947. The employer, a trust running educational institutions, dismissed the workman, a Group-D attender, following a domestic enquiry into a complaint by hostel students. The Labour Court initially held the enquiry not fair and proper on 30.08.2018 and dismissed the approval application. After a joint memo in a previous writ, the matter was remitted for leading additional evidence, but the Labour Court again dismissed the application on 06.11.2019. The employer then filed the present writ petition under Articles 226 and 227 of the Constitution, seeking to quash both orders and obtain approval for the dismissal. Before the High Court, the employer's counsel argued that the Labour Court exceeded its limited jurisdiction under Section 33(2)(b), which only permits scrutiny of whether the disciplinary authority's view is a possible view and does not allow substitution of judgment. Reliance was placed on several Supreme Court decisions, including Management of Tamilnadu State Transport Corporation v. M. Chandrasekaran, State of Maharashtra v. Madhuka Narayan Mardikar, and State Bank of Patiala v. S.K. Sharma, to contend that non-supply of original documents did not vitiate the enquiry in the absence of prejudice. The High Court heard arguments and reserved the matter for orders on 16.01.2023. The available text of the judgment ends without recording the final decision of the court.
Issue of Consideration
Case Details
2023 LawText (KAR) (03) 38
WP No. 3963 of 2021 (L-TER)
K.R. Anand (for petitioner), Avani Chokshi (for respondent)
The Management of R.V. Educational Institutions, Rashtreeya Sikshana Samithi Trust
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging the orders of the Labour Court which dismissed the employer's application for approval of dismissal under Section 33(2)(b) of the Industrial Disputes Act, 1947.
Remedy Sought
The petitioner-employer sought certiorari to quash the Labour Court's orders dated 30.08.2018 and 06.11.2019, and for grant of approval of the dismissal order.
Filing Reason
The Labour Court had held the domestic enquiry not fair and proper and thereby refused to approve the dismissal of the workman.
Previous Decisions
The Labour Court initially by order dated 30.08.2018 held the domestic enquiry not fair and proper and dismissed the approval application; this order was partially set aside in an earlier writ petition (WP No.26798/2019) on a joint memo, and the matter was remitted for leading additional evidence; thereafter, the Labour Court again dismissed the application on 06.11.2019.
Submissions/Arguments
The Labour Court did not consider the evidence on record in a proper perspective.
The jurisdiction under Section 33(2)(b) is limited; the court cannot substitute its judgment but must only see if the disciplinary authority's view is a possible view.
Non-supply of original documents was not fatal as photocopies or extracts were provided, and no prejudice was caused.
The judgment in State Bank of Patiala v. S.K. Sharma requires proof of prejudice to vitiate an enquiry.
The Labour Court should have recalled its order to permit leading additional evidence.
Judgment Excerpts
The Labour Court, vide its order dated 06.11.2019, dismissed the application under Section 33 (2) (b) of I.D.Act.
The jurisdiction of the Labour Court under Section 33 (2) (b) of I.D.Act is limited. The Labour Court ought not to have substituted its own judgment but was only required to consider whether the view taken by the Disciplinary Authority is a possible view.
Procedural History
The workman joined service on 01.03.2004 as a Group-D attender. A complaint was received from girl hostel students on 03.09.2015. A charge sheet was issued on 16.02.2016, and the domestic enquiry commenced on 15.03.2016, concluding on 15.12.2016 after 18 sittings. The enquiry report on 20.02.2017 held the charges proved. A second show cause notice was issued on 31.03.2017, and after the workman's reply, he was dismissed on 26.04.2017. The employer filed an application under Section 33(2)(b) on account of a pending industrial dispute. The Labour Court first held the enquiry not fair and proper on 30.08.2018 and dismissed the application. The employer's application to recall the order and lead additional evidence was dismissed on 06.11.2019. In an earlier writ petition (WP No.26798/2019), a joint memo led to the setting aside of the 30.08.2018 order and a remand for fresh evidence. After recording further evidence, the Labour Court again dismissed the application on 06.11.2019, leading to the present writ petition.
Acts & Sections
- Industrial Disputes Act, 1947: Section 33(2)(b), Section 10
- Constitution of India: Articles 226, 227
