Legal Brief: Industrial Tribunal’s findings on employee’s alleged misconduct without taking on record inquiry report is not sustainable.
Case: Rajkumar Sitaldas Keswani vs. General Manager & Ors.
Court: Gujarat High Court
Date of Judgment: 25.09.2024
By: Adv. Saksham Mathur
Facts
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The dispute between the parties was originated in 2005 and was referred to the Central Government Industrial Tribunal cum Labour Court, Ahmedabad.
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The Tribunal, through its judgment dated 08.12.2014, reduced the punishment imposed on the Appellant by the Respondent.
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This decision was subsequently challenged by both parties in separate writ petitions before the High Court of Gujarat.
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The Learned Single Judge, after reviewing the writ petitions, allowed the Respondent’s petition and rejected the Appellant’s petition on 26.12.2016.
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This decision was then appealed by the Appellant before the High Court through the present Appeals
Issue
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Whether the Tribunal and the Learned Single Judge erred in deciding the matter without considering the inquiry officer’s report dated 11.03.2009?
Legal Analysis
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Absence of Inquiry Officer’s Report
Both the Tribunal and the Learned Single Judge acknowledged that the Inquiry Officer’s report was not part of the record during their respective proceedings. This omission is significant because the report contained the Inquiry Officer’s findings on the charges of misconduct against the Appellant, which formed the basis of the disciplinary action taken by the Respondent.
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Tribunal’s Erroneous Findings
Despite the absence of the Inquiry Officer’s report, the Tribunal made specific findings on the fairness of the departmental inquiry and the presence or absence of perversity in the Inquiry Officer’s findings. These findings, made without examining the actual report, were fundamentally flawed.
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Single Judge’s Failure to Remand
The Learned Single Judge, while recognizing the Tribunal’s error in considering the Inquiry Officer’s findings without the report, did not remand the matter back to the Tribunal for reconsideration. This failure to remand the case, despite acknowledging the procedural irregularity, further compounded the error.
Court’s Decision
The High Court, in this judgment, recognized the critical importance of the Inquiry Officer’s report in reaching a just decision. It held that both the Tribunal and the Single Judge erred by proceeding without this crucial piece of evidence. The Court, therefore, quashed the Learned Single Judge’s order and remanded the matter back to the Tribunal for fresh consideration. The Tribunal was specifically directed to consider the Inquiry Officer’s report, which both parties were instructed to submit.
Conclusion
This case highlights the essential role of a complete and accurate record in ensuring a fair and just legal process. The absence of the Inquiry Officer’s report, a pivotal document in this labour dispute, rendered the decisions of both the Tribunal and the Single Judge unsustainable. The High Court’s decision to remand the matter, with specific instructions to consider the missing report, underscores the importance of a thorough and procedurally sound adjudication process