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Dismissal Of Workman By Employer Cannot Be Interfered With Merely Because Disciplinary Enquiry Was Not Conducted

In STATE OF UTTARAKHAND vs SMT. SURESHWATI, the Respondent filed a complaint before the School contending that she had worked continuously upto 07.03.2006. She alleged that on 8th March, 2006 her services were illegally retrenched without granting her any hearing, or payment of retrenchment compensation. She claimed that she was illegally terminated, without holding any enquiry, or granting her personal hearing. She contended that she had worked for not less than 240 days in the preceding year before her alleged termination. Since the work was of permanent nature, she was entitled to re-instatement with continuity of service.

The School contended that the claimant had since 01.07.1997 remained continuously absent from the School, since she had got married and was residing in Dehradun. It was specifically averred that she had never joined back the School.

The Labor court agreed with the School and held that the claimant had concealed material facts, and had not approached the Court with clean hands. On appeal, the High Court overturned the Labour Court order.

On appeal, the Supreme Court observed that the High Court has set aside the Award passed by the Labour Court on the sole ground that no disciplinary enquiry was held by the School regarding her alleged abandonment of service.

The Supreme Court  held that where an employer has failed to make an enquiry before dismissal or discharge of a workman, it is open for him to justify the action before the Labour Court by leading evidence before it. The entire matter would be open before the tribunal, which would have the jurisdiction to satisfy itself on the evidence adduced by the parties whether the dismissal or discharge was justified.

The Supreme Court perused the Award passed by the Labour Court, and found that a full opportunity was given to the parties to lead evidence, both oral and documentary, to substantiate their respective case. The High Court has not even adverted to the said evidence, and has disposed of the Writ Petition on the sole ground that the School had not conducted a disciplinary enquiry before discharging the respondent from service. The School has led sufficient evidence before the Labour Court to prove that the Respondent had abandoned her service from 01.07.1997 when she got married, and moved to another District, which was not denied by her in her evidence. The record of the School reveals that she was not in employment of the School since July 1997.

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