MUNICIPAL CORPORATION OF DELHI Vs. JAI NARAIN BANSAL

JUDGEMENT

(1.) Shri Jai Narain Bansal was working as Terminal Tax Inspector at T.T. Post, Mathura Road, in November, 1976. He was found guilty of some misconduct and a domestic enquiry to substantiate the charge was instituted. The charge was proved and consequently the penalty of removal from service, not amounting to disqualification for future employment was imposed against him. Against this order, he raised an industrial dispute in which he challenged the vires of the holding of the domestic enquiry. The matter was ultimately referred to the Court of Shri A.K. Garg, Presiding Officer, Labour Court with the following terms of reference: "Whether the termination of the services of Shri Jai Narain Bansal is legal and justified and, if not, to what relief is he entitled and what directions are necessary in this matter."

(2.) After going through the pleadings and also the record of the enquiry proceedings, the Presiding Officer set aside the findings of the domestic enquiry by holding that the dismissal of Shri Bansal was neither in conformity with the principles of natural justice nor consistent with the instructions issued by the Government of India. The concluding part of the order reads as under : "In view of the above discussion I conclude that the enquiry which led to the dismissal of Sh. Jai Narain Bansal was neither in confirmity with the principles of natural justice nor consistent with the instruction issued by the Govt. of India. Therefore, the report of the Enquiry Officer could not have formed the basis of dismissal of Sh. Bansal. The management has, however, stated in the W.S. that in the event of the Enquiry being found defective, it may be given an opportunity to prove the allegations against the workman. Therefore, I will invite management to prove misconduct by leading evidence in this court. Put up on 4.2.88 for evidence of management. Dt. 1.12.87."

(3.) The Municipal Corporation of Delhi has challenged the vires of the impugned order of the Labour Court dated 1.12.87 by way of filing the present writ petition seeking the issuance of an appropriate writ, order or direction calling for the records of L.C.I.D. 27/84 and to quash/set aside the said order, on numerous grounds.