Delhi High Court Calls For Uniform Practice To Be Followed By Labour Courts For Deciding Inquiry Related Issue As Preliminary Issue

The Delhi High Court has called for a uniform practice to be followed by the Labour Courts in respect of deciding the inquiry related issue as a preliminary issue.Justice Pratibha M Singh was of the view that the normal procedure which ought to be adopted by Labour Courts is to first decide the validity of the domestic inquiry as a preliminary issue. The Court added that in case the the said issue is decided against the Management, the Management is then to be afforded an opportunity to lead tue evidence supporting termination of the Workmen before the Labour Court."The present judgment be circulated to all the Labour Courts by the worthy Registrar-General of this Court, so that a uniform practice is followed by the Labour Courts in respect of deciding the inquiry related issue as a preliminary issue," the Court directed. The Court was dealing with a clutch of pleas filed hy the Management challenging a Labour Court order challenging the order dated 22nd November, 2021 whereby it's application for framing of an additional issue in the proceedings before the Court, and also for deciding the said issue as a preliminary issue m, was partly allowed.The respondents who were working with the Management were terminated after a disciplinary inquiry was held. The said termination was challenged by the Workmen before the Labour Court. Since the Workmen had been terminated after a proper internal inquiry which was held by the Management, an application was moved by the Management seeking framing of a preliminary issue in respect of the validity and legality of the inquiry. It was thus the case of the Management that as per the settled legal position, the Labour Court ought to frame an issue in respect of the said inquiry and thereafter treat the same as a preliminary issue.Relying on various judgments on the subject, the Court opined thus:"Under such circumstances, the Labour Court ought to have decided the issue of the validity of the domestic inquiry as a preliminary issue. It is accordingly directed that the said issue no.1A shall now be adjudicated by the Labour Court in the first place and depending upon the outcome of the said issue, the matter would proceed further before the Labour Court, in accordance with law."The pleas were accordingly disposed of. Title: SECURITRANS INDIA (P) LTD. v. SHRI MANOJ PRASADClick Here To Read Order

Delhi High Court Calls For Uniform Practice To Be Followed By Labour Courts For Deciding Inquiry Related Issue As Preliminary Issue

Nupur Thapliyal

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