As per case facts, a group of petitioners, employees of the respondent company, were terminated following an industrial dispute and a strike declared illegal by the Industrial Court. They appealed ...
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Sayali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 117 OF 2026
Bharat Nanasaheb Suryawanshi
Age-43 Years, Occu: Unemployed
R/at 106, Swaraj Society, Moshi Chikali
Road, Gat No.209/212, Moshi,
Pune- 412 105.… Petitioner
Vs.
GKN Sinter Metal Pvt Ltd
Office at: 146, Mumbai Pune Road,
Pimpri Pune- 411 018
Through its India Operations Director
Mr. Rajesh Mirani ... Respondent
WITH
WRIT PETITION NO. 17651 OF 2025
Vilas Raghu Shedge … Petitioner
Vs.
GKN Sinter Metal Pvt Ltd … Respondent
WITH
WRIT PETITION NO. 1088 OF 2026
Sandesh Sampatrao Bhosale … Petitioner
Vs.
GKN Sinter Metal Pvt Ltd … Respondent
[
WITH
WRIT PETITION NO. 17652 OF 2025
Ramchandra Mohan Gharge … Petitioner
Vs.
GKN Sinter Metal Pvt Ltd … Respondent
1
SAYALI
DEEPAK
UPASANI
Digitally signed by
SAYALI DEEPAK
UPASANI
Date: 2026.04.02
12:46:25 +0530
wp117-26-J.doc
WITH
WRIT PETITION NO. 1083 OF 2026
Pankaj Ashokji Jumle … Petitioner
Vs.
GKN Sinter Metal Pvt Ltd … Respondent
WITH
WRIT PETITION NO. 1081 OF 2026
Sanjay Mohan Bhosale … Petitioner
Vs.
GKN Sinter Metal Pvt Ltd … Respondent
WITH
WRIT PETITION NO. 1092 OF 2026
Vinod Chandrakant Nevrekar … Petitioner
Vs.
GKN Sinter Metal Pvt Ltd … Respondent
WITH
WRIT PETITION NO. 17737 OF 2025
Ramdas Gopal Gangarude … Petitioner
Vs.
GKN Sinter Metal Pvt Ltd … Respondent
WITH
WRIT PETITION NO. 1082 OF 2026
Kishor Kamlakr Patil … Petitioner
Vs.
GKN Sinter Metal Pvt Ltd … Respondent
WITH
WRIT PETITION NO. 1084 OF 2026
Vinod Balan Nair … Petitioner
Vs.
GKN Sinter Metal Pvt Ltd … Respondent
2
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WITH
WRIT PETITION NO. 1090 OF 2026
Sanjay Vasant Kadam … Petitioner
Vs.
GKN Sinter Metal Pvt Ltd … Respondent
WITH
WRIT PETITION NO. 1089 OF 2026
Deepak Dagdu Bhagwat … Petitioner
Vs.
GKN Sinter Metal Pvt Ltd … Respondent
WITH
WRIT PETITION NO. 147 OF 2026
Yogesh Shamrao Surve … Petitioner
Vs.
GKN Sinter Metal Pvt Ltd … Respondent
WITH
WRIT PETITION NO. 1106 OF 2026
Rajesh Dnyanoba Bhujbal … Petitioner
Vs.
GKN Sinter Metal Pvt Ltd … Respondent
WITH
WRIT PETITION NO. 1091 OF 2026
Deepak Ramchandra Jadhav … Petitioner
Vs.
GKN Sinter Metal Pvt Ltd … Respondent
WITH
WRIT PETITION NO. 1095 OF 2026
Gulabchand Mohan Sakunde … Petitioner
Vs.
GKN Sinter Metal Pvt Ltd … Respondent
3
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WITH
WRIT PETITION NO. 1105 OF 2026
Atish Sambhaji Mohite … Petitioner
Vs.
GKN Sinter Metal Pvt Ltd … Respondent
WITH
WRIT PETITION NO. 1104 OF 2026
Ganesh Bhaurao Mali … Petitioner
Vs.
GKN Sinter Metal Pvt Ltd … Respondent
WITH
WRIT PETITION NO. 1096 OF 2026
Nitin Shankar Palande … Petitioner
Vs.
GKN Sinter Metal Pvt Ltd … Respondent
WITH
WRIT PETITION NO. 1102 OF 2026
Bapusaheb Daulatrao Tambe … Petitioner
Vs.
GKN Sinter Metal Pvt Ltd … Respondent
WITH
WRIT PETITION NO. 1101 OF 2026
Rahul Hariprakash Pal … Petitioner
Vs.
GKN Sinter Metal Pvt Ltd … Respondent
WITH
WRIT PETITION NO. 1080 OF 2026
Nilesh Chandrakant Gaikwad … Petitioner
Vs.
GKN Sinter Metal Pvt Ltd … Respondent
4
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WITH
WRIT PETITION NO. 1103 OF 2026
Lalchand Popat Kudale … Petitioner
Vs.
GKN Sinter Metal Pvt Ltd … Respondent
WITH
WRIT PETITION NO. 1100 OF 2026
Avinash Hanumant Gharge … Petitioner
Vs.
GKN Sinter Metal Pvt Ltd … Respondent
WITH
WRIT PETITION NO. 1099 OF 2026
Nilesh Ramakant Mate … Petitioner
Vs.
GKN Sinter Metal Pvt Ltd … Respondent
WITH
WRIT PETITION NO. 1097 OF 2026
Vijay Dattatraya Pol … Petitioner
Vs.
GKN Sinter Metal Pvt Ltd … Respondent
WITH
WRIT PETITION NO. 1094 OF 2026
Virendra Sharad Arekar … Petitioner
Vs.
GKN Sinter Metal Pvt Ltd … Respondent
WITH
WRIT PETITION NO. 1093 OF 2026
Ajinath Dajirang Ethape … Petitioner
Vs.
GKN Sinter Metal Pvt Ltd … Respondent
5
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Mr. Sumit V. Sonare, with Mr. Sameer Chavan, for
Petitioner.
Mr. Kiran Bapat, Senior Advocate with Mr. Gaurav
Gawande i/b Ms. Archana Shelar, for Respondent.
CORAM :AMIT BORKAR, J.
RESERVED ON :MARCH 27, 2026.
PRONOUNCED ON:APRIL 2, 2026
JUDGMENT:
1.Since identical questions of law and fact arise for
consideration in the present group of writ petitions, the same are
being disposed of by this common judgment and order. For the
sake of convenience and clarity, the facts in Writ Petition No.117 of
2026 are treated as the lead matter.
2.By these writ petitions, filed under Articles 226 and 227 of
the Constitution of India, the petitioner in each petition has
assailed the impugned order dated 12 November 2025 passed by
the First Labour Court in respective Reference (IDA), seeking that
the said order on preliminary issues be quashed and set aside.
3.The facts giving rise to the present petitions are stated thus.
The petitioner was employed with the respondent and claims to
have been in continuous and permanent service until the date of
alleged illegal termination, namely, 5 December 2023. The
workmen were represented by a Union known as Mahindra
Sintered Kamgar Sanghatna. The Union had raised a charter of
demands, which the respondent declined to accept. This led to a
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series of developments. Firstly, a Notice of Change came to be
issued under Section 9A of the Industrial Disputes Act, to which
the Union responded, resulting in the matter being treated as an
industrial dispute and taken up for adjudication. Secondly, an
application for lay-off under Section 25-M was submitted by the
respondent, which came to be rejected. Thirdly, an application
seeking permission for retrenchment under Section 25-N was also
rejected. Thereafter, the respondent introduced a Voluntary
Separation Scheme on the ground that the establishment was
facing financial difficulties. Finally, the respondent sought
permission for closure of its operations under Section 25-O, which
application was likewise rejected.
4.On 15 June 2023, the Union submitted its representation of
demands to the respondent. As no action was taken thereon, the
Union convened a general body meeting on 26 June 2023, wherein
it was unanimously resolved to agitate for the fulfillment of its
demands, and accordingly, a strike notice was issued. Pursuant
thereto, the parties were called for conciliation before the office of
the Assistant Labour Commissioner. It is the case of the petitioner
that until 12 July 2023, the conciliation proceedings were not
formally admitted. On 13 July 2023, the Union commenced the
strike. The record indicates that on 14 July 2023, the Assistant
Labour Commissioner admitted the dispute for conciliation;
however, according to the petitioner, such admission was not
communicated to the Union. It is further material that by a
communication dated 19 July 2023, the respondent requested the
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Assistant Labour Commissioner to admit the dispute and refer the
same for adjudication. In addition, the respondent instituted
proceedings under Section 28 of the Maharashtra Recognition of
Trade Unions and Prevention of Unfair Labour Practices Act, 1971
before the Industrial Court at Pune, being Complaint (ULP) No. 76
of 2023, seeking a declaration that the strike resorted to by the
Union, comprising 192 workmen and forming subject-matter of the
reference, was illegal.
5.The learned Industrial Court, Pune, partly allowed the said
complaint and recorded a finding that the Union and its members
had engaged in unfair labour practices under Item I of Schedule III
of the Act. The Court further declared that the strike commenced
on 13 July 2023 was illegal. The Union challenged the said order
by filing Writ Petition No. 14781 of 2023 before this Court.
However, owing to a change in the Union’s managing committee,
the newly constituted body withdrew the said petition by filing
consent terms. Thereafter, the petitioner was served with a charge
sheet, to which a reply was submitted. A finding report dated 18
November 2023 was forwarded to the petitioner under cover of
letter dated 1 December 2023 and was received by the petitioner
through speed post on 5 December 2023. By the said
communication, the petitioner was called upon to submit a reply to
the findings within a period of two days. It is the petitioner’s case
that on the very same day, i.e., 5 December 2023, the respondent
issued an order of termination without affording the petitioner any
effective opportunity to respond to the findings or to be heard.
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Consequent upon the termination, the appropriate Government,
upon considering the failure report submitted by the Labour
Officer, referred the industrial dispute to the Labour Court on 05
March 2024. The petitioner thereupon filed a statement of claim
under Section 2-A(2) of the Industrial Disputes Act, 1947, seeking
reinstatement with effect from 5 December 2023, along with
continuity of service and consequential benefits. By order dated 12
November 2025, the learned Labour Court decided the preliminary
issues and held that the domestic enquiry conducted against the
petitioner was legal, fair and proper, and in consonance with the
principles of natural justice. The findings recorded by the Enquiry
Officer were also held to be legal and proper. Being aggrieved
thereby, the present writ petitions have been instituted.
6.Mr. Sonare, learned Advocate appearing for the petitioner,
submitted that the petitioner received the finding report dated 1
December 2023 on 4 December 2023 and, without affording any
reasonable opportunity to submit a reply or to be heard, the
respondent proceeded to issue the order of termination on 05
December 2023. Inviting attention to paragraph 26 of the
judgment of the Hon’ble Supreme Court in
Managing Director,
ECIL, Hyderabad & Others vs. B. Karunakar & Others
, (1993) 4
SCC 727, he submitted that the Constitution Bench has clearly
held that the principles of natural justice mandate that an
employee must be given a fair opportunity to meet, explain and
controvert the findings of the enquiry report before any adverse
action is taken. He further submitted that, out of 192 members of
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the Union, only 30 workmen, including the present petitioner,
have been selectively proceeded against without any cogent
justification. It was also urged that the strike commenced on 13
July 2023, whereas the conciliation proceedings were admitted
only on 14 July 2023, and the individual workmen had no
knowledge regarding the initiation of such conciliation
proceedings.
7.Inviting attention to the communication addressed by the
respondent to the Assistant Labour Commissioner dated 19 July
2023, learned counsel submitted that paragraph 3 thereof
indicates that even the respondent was unaware of the admission
of conciliation proceedings, as the said fact was not disclosed in
the communication. He further invited attention to the judgment
and order dated 31 October 2023, whereby the strike commencing
from 13 July 2023 was declared illegal, and submitted that a
perusal of paragraph 47 of the said judgment demonstrates that
the findings regarding illegality of the strike were recorded against
the Union as a collective body. According to him, there is no
finding to the effect that individual members had instigated or
incited the strike. It was thus contended that there is no material
on record to establish that the present petitioner had instigated or
participated in any act of incitement of the strike.
8.Inviting attention to the testimony of the management
witnesses recorded in the domestic enquiry, learned counsel
submitted that the said witnesses have admitted before the
Enquiry Officer that the management had failed to produce any
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material to demonstrate that the petitioner had instigated or
incited the strike. On the basis of such admission, it was contended
that the finding of the Labour Court upholding the enquiry as legal
and proper is unsustainable and deserves to be quashed and set
aside.
9.Per contra, Mr. Bapat, learned Senior Advocate appearing on
behalf of the respondent, submitted that the impugned order
passed by the Labour Court is in the nature of a Part I Award, and
that the final adjudication on merits, namely Part II Award, is yet
to be rendered. Inviting attention to the charge-sheet, he
submitted that the charges against the petitioner are framed under
Clause 24(b) and Clause 24(l) of the Model Standing Orders,
which pertain respectively to participation in an illegal strike or
abetment thereof, and commission of acts subversive of discipline
or good behaviour within the establishment.
10.He submitted that participation in an illegal strike forms a
specific and substantive part of the charge against the petitioner.
Inviting attention to the replies submitted by each of the
petitioners to the charge-sheet dated 7 September 2023, he
submitted that, at least from that date onwards, the petitioners
were fully aware of the nature of the allegations, including the
illegality of the strike. He further submitted that the judgment in
Complaint (ULP) No. 76 of 2023, declaring the strike illegal, was
delivered on 30 October 2023, wherein it was expressly held that
the strike commenced and continued from 13 July 2023 by the
Union and its members was illegal. It was contended that, even
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thereafter, the petitioners had an opportunity to withdraw from
the strike within a reasonable time, but failed to do so, thereby
attracting the consequences under the provisions of the MRTU &
PULP Act.
11.Inviting attention to the order dated 14 July 2023 admitting
the conciliation proceedings, learned Senior Counsel submitted
that copies thereof were duly forwarded to the President and
Secretary of the Union. He further invited attention to the findings
recorded by the Enquiry Officer, submitting that the Enquiry
Officer has considered the entire material on record and has, upon
due appreciation thereof, held the petitioners, who were active
members of the Union, guilty of misconduct. Inviting attention to
the impugned order, he submitted that the Labour Court has
recorded a clear satisfaction that adequate opportunity was
granted to the petitioners, including the right to cross-examine the
management witnesses, to lead evidence in defence, and to submit
their written statements.
12.Inviting attention to paragraph 16 of the impugned order,
learned Senior Counsel submitted that the Labour Court has dealt
in detail with the allegations of discrimination and victimisation
and has rightly held that no such defence was raised by the
petitioners during the course of the enquiry. It was further held
that such issues, if any, may be considered at the stage of
determining the proportionality of punishment. He submitted that
the Labour Court has also recorded a finding that the illegal strike
resulted in financial loss to the respondent-Company, and that the
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strike was continued even after the demands raised by the Union
through communications dated 9 June 2023, 13 June 2023 and 15
June 2023 were admitted in conciliation proceedings on 14 July
2023. It was therefore contended that the petitioners have clearly
committed misconduct within the meaning of Clauses 24(b) and
24(l) of the Model Standing Orders.
13.He further submitted that the Enquiry Officer has taken into
account the fact that, in their examination-in-chief, the petitioners
themselves admitted that they were active members of the Union.
It was submitted that the Labour Court has rightly observed that
the Enquiry Officer noted that, in reply to the charge-sheet, the
petitioners had stated that they would abide by the outcome of the
proceedings before the Industrial Court and were aware of the
admission of the demands for conciliation on 14 July 2023.
Despite such knowledge, the petitioners raised a defence of lack of
awareness, which, according to the respondent, is demonstrably
false.
14.Insofar as the contention regarding lack of opportunity to
respond to the findings of the Enquiry Officer is concerned,
learned Senior Counsel submitted that the petitioners have failed
to demonstrate any prejudice caused to them on account of such
alleged deficiency. It was further submitted that this contention
was not raised before the Labour Court and, therefore, cannot be
permitted to be urged for the first time in writ jurisdiction. On
these grounds, it was contended that the writ petitions are devoid
of merit and are liable to be dismissed.
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REASONS AND ANALYSIS:
15.I have carefully gone through what both sides have argued.
The main issue is whether the enquiry conducted by the employer
can be said to be unfair or illegal only because the finding report
was given to the petitioners and, within a very short time, the
termination order followed. Along with this, there is one more
connected issue. That is, whether the Labour Court committed any
error in deciding the preliminary issue by holding that the enquiry
was legal, proper and in line with the principles of natural justice.
Therefore, the court is not at this stage examining the full merits of
dismissal. It is only seeing whether the process adopted was fair
enough in law.
16.Mr. Sonare, learned Advocate for the petitioner contends
that the petitioner was not given any real or meaningful chance to
submit his reply to the findings, nor was he given an opportunity
of personal hearing before such serious action was taken. The
record shows that before this stage the petitioner was already
served with a charge-sheet. He had submitted his reply. He had
participated in the enquiry proceedings. He had opportunity to
cross-examine the witnesses and to defend himself. This means
that the petitioner was not taken by surprise at the final stage. He
was already aware of the allegations and had already contested
them during the enquiry.
17.Therefore, the question becomes more specific. Whether the
short time between service of finding report and passing of
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termination order has actually caused any real prejudice to the
petitioner. It is not enough to say that time was short. The
petitioner must show what he could have said in reply to the
findings and how that would have made a difference. In the
present case, such material is not clearly shown. There is no
indication that any important defence remained to be taken or that
any new point could have been raised if more time was granted.In
this situation though the action of issuing termination order soon
after the report may not appear ideal it does not make the enquiry
illegal. The court has to see substance and not only form. If overall
opportunity was given during the enquiry and the petitioner has
not shown actual prejudice then this ground alone may not be
sufficient to set aside the entire process.
18.The learned Advocate for the petitioner has also raised a
point regarding selective action by the respondent. He submits that
there were about 192 workmen who were part of the Union, but
action has been taken only against 30 persons, including the
present petitioner. In the present case the respondent has taken a
stand that the petitioners were active members of the Union and
were involved in the events which led to the misconduct. If that is
so then the action against them cannot be termed as arbitrary only
because others were not proceeded against. The court cannot
assume that all 192 workmen stood on the same footing without
examining their individual roles. It is quite possible that some were
passive or less involved while some were more active. In such
situation the employer is entitled to proceed against those against
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whom it finds material. Further for a plea of discrimination to
succeed the petitioner must show some clear basis. It must be
shown that similarly placed persons were treated differently
without any reason or that the action was taken with some ill
motive. In the present case except pointing out the number of
persons, no strong material is placed to establish that the
petitioner was singled out for unfair reasons. There is no clear
evidence of hostility or victimisation. Therefore, this submission
though it creates some doubt at first glance, does not go far
enough to invalidate the enquiry. Without clear proof of unequal
treatment in identical circumstances, the court cannot hold that
the action is discriminatory merely on the basis of numbers.
19.A substantial part of the case of the petitioners is built
around the timing of events. According to them the strike began on
13 July 2023 whereas the conciliation proceedings were admitted
only on 14 July 2023. From this they try to say that at the time
when the strike started the workmen had no knowledge that the
dispute had formally entered conciliation. On first look, this
argument appears to have some basis. If a strike begins before any
formal step in law, it may be said that the workers could not have
knowingly violated something which had not yet come into
existence. But the matter does not stop there. The court must look
not only at the starting point but also what happened after. The
respondent has pointed out that the strike did not end on 13 July
2023. It continued even after 14 July 2023 when conciliation was
admitted. Therefore, even if the beginning of the strike was
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without knowledge the continuation of the strike becomes
important. Once the dispute is admitted and enters the legal
process, the Union and its office bearers are expected to be aware
of it. If the Union leadership had knowledge it is not easy to accept
that all the members remained completely unaware. The material
placed shows that the Union was involved in the proceedings and
its President and Secretary were informed. In such a situation, a
general statement that none of the workmen knew anything
cannot be readily accepted. The real question is not only how the
strike started but whether it was continued despite knowledge of
the legal position. On this aspect, the petitioners’ case cannot be
accepted.
20.The petitioners then rely on a communication dated 19 July
2023 sent by the respondent to the Assistant Labour
Commissioner. They argue that in this letter the respondent did
not refer to the admission of conciliation proceedings and from
this they try to suggest that even the respondent was not aware of
such admission. This argument does not carry much weight. A
single communication may not always contain every detail. It may
be incomplete or may not record every development. From that
alone it cannot be safely concluded that the management had no
knowledge or that the workmen had no notice of the legal
proceedings. The court cannot isolate one letter and treat it as
final proof of the entire situation. The court must see the full
record. Here it is already shown that the Union had raised
demands the matter had gone to the stage of conciliation and
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thereafter charge-sheets were issued to the petitioners to which
they responded. When such sequence is seen together the
argument based only on that one communication loses strength. It
becomes difficult to accept that there was complete lack of
knowledge or absence of responsibility on the part of the
petitioners.
21.The petitioners also argue that the judgment in Complaint
(ULP) No. 76 of 2023 declared the strike illegal only as against the
Union and not against individual workmen. They further say that
there is no material to show that they personally instigated the
strike. This submission requires careful reading of the charges
framed against them. The charge-sheet is not limited to instigation
alone. It clearly includes participation in an illegal strike as well as
abetment incitement and acts done in furtherance of such strike
under Clause 24(b). It also includes acts affecting discipline under
Clause 24(l). Therefore, the focus is wider. Even if it is accepted
that there is no separate finding that each petitioner individually
gave a call for strike that by itself does not end the matter. If the
charge includes participation then taking part in a strike which is
found to be illegal may itself amount to misconduct. The court
cannot read the earlier judgment in a narrow manner and say that
unless each individual is separately named no action can follow.
What is required is to see the nature of the charge the evidence
produced, and the findings recorded in the enquiry. The
petitioners’ argument does not fully answer the case against them.
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22.The petitioners have also relied on the evidence of
management witnesses stating that such witnesses admitted before
the Enquiry Officer that there was no direct proof of instigation by
the petitioners. Even if this statement is accepted as it is the matter
does not conclude in favour of the petitioners. The respondent’s
case is that the petitioners were active members of the Union they
were aware of the demands raised, they were part of the continued
strike and their conduct forms part of the collective action which
was later declared illegal. In such circumstances, the evidence
cannot be examined in an isolated manner. The enquiry officer is
expected to consider the entire record together. Membership of the
Union participation in events, replies given to the charge-sheet,
and surrounding facts all become relevant. It is not always
necessary that there must be direct proof of each act in the form of
a specific statement. If the overall material shows involvement that
may be sufficient for a finding in a domestic enquiry. The court in
writ jurisdiction does not re-appreciate such evidence as if it is
sitting in appeal. The court only sees whether there was some
material to support the finding and whether the conclusion is so
unreasonable that no sensible person could have reached it. In the
present case, such perversity is not shown. Therefore, this line of
argument also does not help the petitioners in setting aside the
finding on the legality of the enquiry.
23.On the other side, the respondent has taken a clear stand
that what is decided by the Labour Court is only a Part-I enquiry. It
is not the final award on the entire dispute. At this stage the court
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is not required to examine whether the punishment is correct or
whether reinstatement should be granted. The only question is
limited. It is whether the domestic enquiry suffers from any serious
defect so that it becomes illegal or unfair. If the enquiry is found to
be proper then the matter will go ahead before the Labour Court
on other aspects. The respondent has pointed out from the record
that the petitioners were given opportunity during the enquiry.
They were allowed to cross-examine the witnesses of the
management. They were also given chance to lead their own
evidence. They filed their defence statements. The charge-sheet
was served on them in advance. When such steps are available on
record it becomes difficult to say that the enquiry was done behind
their back or that it was only a formality. An enquiry cannot be set
aside lightly when participation of the workman is clearly seen.
The court has to be slow in interfering unless something very
serious is shown. In the present case, such serious defect is not
clearly made out.
24.The respondent has also placed reliance on the replies
submitted by the petitioners to the charge-sheet dated 7
September 2023. From this it is argued that the petitioners were
fully aware of the allegations against them at least from that date.
Once a charge-sheet is given and the workman replies to it it
shows that he understood what is alleged. It also shows that he
had opportunity to put forward his side. After that stage if he
participates in the enquiry then it becomes difficult for him to later
say that he had no chance at all. The law does not expect empty
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formality of giving repeated chances. It only requires that a fair
and reasonable opportunity is given. If that is already done then
merely saying that a little more time should have been given at the
last stage may not be enough. The petitioners have not shown that
because of short time they were prevented from placing some
important defence. There is no clear material to show what they
would have said differently if more time was granted. In absence
of such showing the court cannot presume prejudice only because
events happened in quick succession.
25.Another important aspect pointed out by the respondent is
that the strike did not stop even after it was declared illegal in the
complaint under unfair labour practice. Once a competent court
declares a strike as illegal the situation changes. The workmen
cannot continue to take part in such strike without facing
consequences. If the petitioners were active members of the Union,
as is brought on record they were expected to be aware of this
position. It is not possible to accept that they remained completely
unaware when the Union itself was involved in the proceedings.
The continuation of strike even after such declaration shows
conduct which the employer may treat as misconduct under the
applicable standing orders. The respondent has also pointed out
that due to the continued strike, the company suffered financial
loss. This connects the conduct of the workmen with the discipline
and functioning of the establishment. Therefore, the Labour Court
was justified in looking into these aspects while deciding whether
the enquiry disclosed misconduct and whether the procedure
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adopted was fair.
26.The petitioners have also tried to raise the issue of
victimisation and discrimination. According to them, they were
targeted. The Labour Court has considered this argument and has
observed that such a defence was not properly raised during the
enquiry. This reasoning appears correct in the present facts. A plea
of victimisation requires some clear material to show that action
was taken with bad intention or for some unfair reason. If such
plea is not taken at the proper stage and no supporting evidence is
placed the court cannot accept it only on general statements. The
preliminary stage is meant to see whether the enquiry is fair, not to
go into all disputed questions of motive in detail. Such issues may
arise later while considering punishment or relief. But by
themselves they do not make the enquiry illegal. Therefore, the
finding of the Labour Court on this aspect cannot be said to be
incorrect.
27.On overall consideration, it appears that the petitioners have
not been able to establish that the domestic enquiry is vitiated due
to breach of principles of natural justice in such a serious manner
that this Court should interfere in writ jurisdiction. The record
clearly shows that the charge-sheet was served upon the
petitioners. They submitted their replies. They participated in the
enquiry proceedings. They were given opportunity to cross-
examine the witnesses of the management. The Enquiry Officer
has also considered the material placed on record before arriving
at the findings. It is true that the finding report was followed by
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the termination order within a short time, and this circumstance
may create some doubt in mind. However, mere doubt is not
sufficient to invalidate the entire enquiry. The petitioners have not
been able to show what real prejudice was caused to them due to
such timing. It is also not demonstrated that the Labour Court has
ignored any important material or that it has taken a view which is
wholly unreasonable. In such circumstances, the impugned order
does not require interference.
28.Accordingly, all the writ petitions stand dismissed. There
shall be no order as to costs.
(AMIT BORKAR, J.)
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