- (1.) This order shall dispose of CWP Nos.15859, 15865, 15882, 15963 & 15976 of 2014, involving common questions of law and facts. However, to dictate orders, facts have been taken from CWP No.15859 of 2014 titled M/s Indo Autotech Ltd. Vs. State of Haryana & others (pertaining to Shri Bhagwan, workman/respondent No.3).
(2.) Challenge in the present writ petition is to the order dated 15.07.2014 (Annexure P10), passed by the Deputy Labour Commissioner, Circle- 2, Gurgaon-respondent No.2 who has dismissed the application, filed under Section 33-2(b) of the Industrial Disputes Act, 1947 (for short, the 'Act') and held that the domestic enquiry conducted against the respondent No.3-workman was done in undue haste and concluded on a single day and the same was against the principles of natural justice.
(3.) A perusal of the application filed would go on to show that it was a case of the petitioner-Management that the respondent-workman had joined on 01.05.2010 as an Operator and some persons had raised an industrial dispute under Section 2(k) of the Act and the matter was sub-judice before respondent No.2. The respondent-workman had committed serious act of misconduct and chargesheet-cum-suspension letter had been issued on 09.12.2013, which had been replied. An enquiry had been conducted from 15.01.2014 to 30.01.2014, in accordance with the principles of natural justice but the workman did not participate and the Enquiry Officer proceeded ex parte against the workman on 30.01.2014 and gave his report on 03.02.2014. The show cause notice dated 06.02.2014 was sent to the respondent-workman before the punishment of dismissal was passed vide letter dated 14.02.2014 (Annexure P6) and the applicant-Management had terminated the services of the workman, after having paid one month notice pay of Rs. 47,072/-, as required under Section 33(2) of the Act, along with other dues. Since the dispute was pending before respondent No.2, the application was, accordingly, submitted.;