Case Note & Summary
The petitioner, Dineshbhai Haribhai Satikunwar, was initially appointed as a daily wager Clerk at the Jasdan Branch of respondent No. 1, Rajkot Nagriksahakari Bank Ltd., on 28.10.1999. On 01.07.2005, he was transferred to respondent No. 2, a contractor, and continued working under them. On 31.08.2012, the petitioner was terminated from services without any disciplinary inquiry or proceedings on the ground of serious misconduct. Aggrieved, the petitioner filed a reference before the Labour Court, Rajkot, seeking declaration that the termination was null and void and for reinstatement with consequential benefits. The Labour Court, vide order dated 16.12.2019, dismissed the reference. The petitioner then filed the present petition under Articles 226 and 227 of the Constitution of India read with the Industrial Disputes Act, 1947, challenging the Labour Court's order. The High Court found that the termination was effected without any disciplinary inquiry, violating principles of natural justice. The court held that the Labour Court erred in dismissing the reference without considering this fundamental procedural flaw. Consequently, the High Court quashed the impugned order and remanded the matter back to the Labour Court for fresh adjudication, directing the Labour Court to decide the reference afresh in accordance with law, after giving both parties an opportunity to lead evidence. The petition was allowed to that extent.
Headnote
A) Industrial Law - Termination - Natural Justice - Sections 25F, 25G, 25H, Industrial Disputes Act, 1947 - Petitioner was terminated without any disciplinary inquiry on ground of misconduct - Labour Court dismissed reference without considering violation of natural justice - Held that termination without inquiry is illegal and Labour Court's order is quashed - Matter remanded for fresh consideration (Paras 1-8).
Issue of Consideration
Whether the termination of the petitioner without conducting any disciplinary inquiry and proceedings is legal and valid, and whether the Labour Court erred in dismissing the reference.
Final Decision
The High Court allowed the petition, quashed the impugned order dated 16.12.2019 passed by the Labour Court, Rajkot, and remanded the matter back to the Labour Court for fresh adjudication. The Labour Court was directed to decide the reference afresh in accordance with law, after giving both parties an opportunity to lead evidence.
Law Points
- Termination without disciplinary inquiry violates principles of natural justice
- Labour Court must consider procedural fairness
- Burden on employer to justify termination
