Labour Court Has Ample Power To Examine Correctness Of Inquiry Officer’s Finding In Discharge Or Dismissal Order: Allahabad HC

The Petitioner approached the High Court by invoking the extra-ordinary jurisdiction under Article 226 of the Constitution of India against the decision of the Labour Court upholding the validity of the departmental enquiry procedure adopted by the employer.

The bench of Justice Dinesh Pathak observed, “Section 11-A of the Industrial Disputes Act denotes the ample power of the labour Tribunal etc. to examine the correctness of the finding returned by the Inquiry Officer in passing the discharge or dismissal order.”

Advocate Jamal Ahmed Khan appeared for the Appellant.

Brief Facts-

The Petitioner Charan Pal Singh was terminated from service based on the departmental enquiry conducted by the employer. On the application moved by the petitioner under the U.P. Industrial Disputes Act, reference was made to examine the validity of the termination order. Having a reference order received, the Labour Court framed the preliminary issue regarding the validity of the procedure adopted by the employer during the departmental enquiry and decided the same in the affirmative, upholding the procedure adopted during the departmental proceeding.

The Court noted that the Labour Court had simply upheld the procedure valid which was adopted during departmental enquiry. 

The Court further noted that in the impugned order the labour Court had returned a categorical finding that while conducting the department enquiry, the petitioner was accorded full opportunity to adduce the evidence and put his defence where he had made his statement and also completed the cross-examination.

The Court also noted that the Labour Court concluded that the procedure in the departmental enquiry was adopted as per canons of natural justice.

According to the Court in the light of the finding returned by the learned labour Court, it cannot be said that the opportunity of the petitioner to assail the finding returned by the Inquiry Officer or reasoning assigned by him, which resulted in the termination of the present petitioner, has been curtailed.

The Single bench observed, “Section 11 of the Industrial Disputes Act denotes the power of the Labour Courts/ Tribunal/ National Tribunal to give appropriate relief in case of discharge or dismissal of workman. While examining the matter for granting relief to the workman, learned labour Tribunal etc. are entrusted power to examine the legality and validity of the discharge/dismissal order.”

The Court noted that the maiden perusal of Section 11-A does not indicate anything adverse to the right of the workman to get the reasoning/finding assailed returned by the Inquiry Officer in the departmental enquiry.

Accordingly, the Court dismissed the Writ Petition.

Cause Title: Charan Pal Singh v. Presiding Officer Labour Court Second Up Ghaziabad (Neutral Citation: 2024:AHC:64512)

Appearance:

Adv. Jamal Ahmed Khan

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