INDRAPRASTHA POWER GENERATION CO LTD Vs. SOMEER CHATERJEE
LAWS(DLH)-2022-9-225
HIGH COURT OF DELHI
Decided on September 09,2022

Indraprastha Power Generation Co Ltd Appellant
VERSUS
Someer Chaterjee Respondents


Referred Judgements :-

PEERLESS EMPLOYEES,UNION VS. PEERLESS GENERAL INSURANCE AND INVESTMENT CO. LTD. [REFERRED TO]
COOPER ENGINEERING LIMITED VS. P P MUNDHE [REFERRED TO]
COOPER ENGINEERING LIMITED VS. P P MUNDHE [REFERRED TO]
D P MAHESHWARI VS. DELHI ADMINISTRATION [REFERRED TO]
NATIONAL COUNCIL FOR CEMENT AND BUILDING MATERIALS VS. STATE OF HARYANA [REFERRED TO]
MUNICIPAL CORPORATION OF DELHI VS. JAI NARAIN BANSAL [REFERRED TO]
VYSYA BANK LTD VS. M NAMADEVA PAI [REFERRED TO]


JUDGEMENT

DINESH KUMAR SHARMA, J. - (1.)The present petitions have been filed impugning and seeking to set aside the Order dtd. 23/12/2019, passed by the learned Presiding Officer, Labour Court, New Delhi, vide which, the learned Labour Court, while deciding on the preliminary issue of legality and validity of the domestic inquiry conducted with respect to the workmen herein, held the same to be in violation of principles of natural justice and set aside the same.
(2.)Briefly stated the facts as alleged in the petition are that the respondent workmen herein participated in a dharna organized by their trade union. As a result, management issued a show cause notice to the workmen, including the respondents herein, who participated in the dharna. Domestic inquiry was conducted, whereby the penalty of dismissal from services, was imposed on the workmen. Respondent workmen challenged the said domestic inquiry and the consequent dismissal order by filing proceedings under Sec. 10 (4), Industrial Disputes Act, 1947, before the learned Labour Court, and the following reference was framed to be adjudicated and determined:
"Whether there was a fair and proper enquiry in accordance with the principles of natural justice and the service rules governing the workman ? OPW".

(3.)The legality and validity of the aforementioned domestic inquiry was treated as a preliminary issue and both the parties led their evidence on the issue of inquiry first. Learned Labour court upon appreciating evidence and materials on record returned a categorical finding that the domestic inquiry conducted by the management against the workmen were not as per principles of natural justice and set aside the same. Aggrieved thus, the petitioner management has preferred the present petitions assailing the same.


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