Case Note & Summary
The workman, employed as an Accountant since 1995 and later promoted, was an active union member. On 25.11.2013, a strike notice under Section 22(1)(B) of the Industrial Disputes Act, 1947 was issued by various unions of Bharat Electronics Limited (BEL), with the strike scheduled for 11.12.2013. On the night of 10.12.2013, the workman and other office bearers assembled in the grievance office on BEL Estate. The Chief Security Officer lodged a complaint with the Jalahalli Police, alleging that the gathering was unauthorized and that anti-social elements had joined. Police responded but no action was taken. On 11.12.2013, the strike took place. The duty security officer's report alleged that at Kuvempu Circle, the workman and two others aggressively approached security personnel, abused them with vulgar language, and obstructed executives and contract workers. At the Officers Club area, other office bearers obstructed vehicles carrying executives. Based on these incidents, management initiated disciplinary proceedings. During the enquiry, the Enquiry Officer prematurely closed it on 16.06.2014, citing the Presenting Officer's inability to produce management witnesses due to an alleged assault on security supervisor Uthappa.B.K. on 08.06.2014. On 17.06.2014, the Chairman invoked Section 15A of the Certified Standing Orders to dispense with the enquiry and ordered dismissal with immediate effect. On 18.06.2014, the General Manager issued a final order dismissing the workman, enclosing a cheque for one month's wages, and intimating the filing of an application under Section 33(2)(b) of the Industrial Disputes Act for approval. The workman then filed an application under Section 2A(2) and (3) before the Central Government Industrial Tribunal-cum-Labour Court, Bengaluru, alleging unfair labour practice. On 13.03.2015, the Tribunal held the application was premature because the employer's approval application was still pending and returned the papers. Aggrieved, the workman filed two writ petitions under Articles 226 and 227 of the Constitution: one challenging the dismissal orders and the other challenging the Tribunal's order. The High Court heard both petitions together. Arguments were advanced by counsels for both parties, and the court reserved orders on 12.04.2019, pronouncing judgment on 11.10.2019. The full text of the operative portion of the judgment is not available in the provided excerpt; only the factual background and procedural history are recorded.
Headnote
A) Industrial Disputes Act, 1947 - Dismissal of Workman - Section 33(2)(b), Section 2A - The workman was dismissed following an enquiry that was closed prematurely due to alleged threats to witnesses. The employer simultaneously sought approval under Section 33(2)(b). The workman challenged the dismissal orders and also filed an application under Section 2A for relief against unfair labour practice. The High Court considered these issues together. (Paras 3-6) B) Industrial Disputes Act, 1947 - Maintainability of Application - Section 2A(2)(3) - The CGIT held the workman’s application under Section 2A to be premature because the employer’s approval application under Section 33(2)(b) was pending. The workman contended that the application should be heard on merits. The High Court was called upon to decide if the CGIT’s order was sustainable. (Paras 6-7) C) Certified Standing Orders - Power to Dispense with Enquiry - Section 15A - The Chairman invoked Section 15A of the Certified Standing Orders of the Bangalore Complex to dispense with the ongoing enquiry and order dismissal. The workman questioned the validity of this order, arguing that the enquiry was not properly concluded. The High Court examined the scope of Section 15A. (Paras 3, 5)
Issue of Consideration
Whether the dismissal order dated 17.06.2014 and final order dated 18.06.2014 are valid; Whether the premature closure of the enquiry was justified; Whether the application under Section 2A(2) and (3) of the Industrial Disputes Act, 1947 is maintainable pending an approval application under Section 33(2)(b)
