Case Note & Summary
The petitioner, an employee, filed a writ petition under Articles 226 and 227 of the Constitution of India read with the Industrial Disputes Act, 1947, challenging an order dated 06.07.2023 passed by the Labour Court, Vadodara, in Reference (LCV) No. 167 of 2014. The Labour Court had held that the departmental inquiry initiated by the respondent employer was legal, proper, and in compliance with principles of natural justice. The petitioner argued that the inquiry was illegal because he was not paid subsistence allowance, which was set off against a loan, and that the Labour Court failed to appreciate documentary evidence. The respondent contended that the writ petition was not maintainable as the preliminary issue could be challenged after the final award, relying on Cooper Engineering Limited vs. P.P. Mundhe, AIR 1975 SC 1900 and a coordinate bench decision. The High Court, after hearing both sides, held that the impugned order was interlocutory and not final, and thus the writ petition was not maintainable. The court dismissed the petition but directed the Labour Court to decide the reference expeditiously, preferably within six months, as the reference was from 2014. The court also clarified that the petitioner could raise all grounds, including the subsistence allowance issue, after the final award.
Headnote
A) Industrial Disputes Act, 1947 - Preliminary Issue - Maintainability of Writ Petition - The Labour Court's order on the legality of a departmental inquiry is an interlocutory order; a writ petition challenging it before the final award is not maintainable. The employee can raise all grounds, including non-payment of subsistence allowance, after the final award. (Paras 2, 6-7) B) Industrial Disputes Act, 1947 - Departmental Inquiry - Subsistence Allowance - The contention that the inquiry was illegal due to non-payment of subsistence allowance being set off against a loan is a matter to be considered at the final stage, not in a preliminary writ petition. (Para 3) C) Industrial Disputes Act, 1947 - Expeditious Disposal - The Labour Court is directed to decide the reference (LCV No. 167 of 2014) as expeditiously as possible, preferably within six months, given the reference is from 2014. (Para 7)
Issue of Consideration
Whether a writ petition challenging a preliminary order of the Labour Court declaring the departmental inquiry as legal and valid is maintainable before the final award is passed.
Final Decision
The High Court dismissed the writ petition as not maintainable, holding that the impugned order is interlocutory and can be challenged after the final award. The court directed the Labour Court to decide Reference (LCV) No. 167 of 2014 as expeditiously as possible, preferably within six months.
Law Points
- Preliminary order on validity of departmental inquiry is interlocutory
- not final
- writ petition against such order is not maintainable
- employee can challenge it after final award
- Cooper Engineering Limited vs. P.P. Mundhe
- AIR 1975 SC 1900 applied
