As per case facts, the petitioner company dismissed the respondent workman following a domestic enquiry for misconduct, including procuring non-vegetarian food and beer in the company canteen which exclusively served ...
WP-7905-10.doc
Sayali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 7905 OF 2010
Hindustan Breweries and Bolting Ltd
C-23/24, Wagle Estate, Thane. … Petitioner
Vs.
Mr. Dilip Pandurang Mhatre,
Maharashtra General Kamgar Union
252, Janata Colony, R.N. Nagarkar Marg,
Ghatkopar (East), Mumbai-400 07... Respondent
Mr. Rahul D. Oak, for petitioner.
Mr. Indrajeet R. Kulkarni, for respondent.
CORAM :AMIT BORKAR, J.
RESERVED ON :APRIL 2, 2026.
PRONOUNCED ON:APRIL 9, 2026
JUDGMENT:
1.The present petition is instituted under Articles 226 and 227
of the Constitution of India, invoking the writ jurisdiction of this
Court. The petitioner calls in question the legality and correctness
of the Judgment and Award Part 1 dated 6 March 2010 rendered
by the Labour Court, Thane in Reference (IDA) No. 317 of 2005.
1
SAYALI
DEEPAK
UPASANI
Digitally signed by
SAYALI DEEPAK
UPASANI
Date: 2026.04.09
11:42:28 +0530
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2.The factual matrix giving rise to the present proceedings is
set out thus: the petitioner is a Company duly incorporated under
the provisions of the Companies Act, 1956, and operates a
manufacturing facility situated at Wagle Estate, Thane. The
petitioner is engaged in the manufacture of beer and employs
approximately 95 permanent workmen for its day to day
operations. The workmen employed with the petitioner are
members of the Bharatiya Kamgar Sena, and the petitioner,
recognizing the right of the workmen to associate with a union of
their choice, has entered into a long term settlement dated 4 April
2009 with the said union, which continues to remain in force.
Prior thereto, around the year 2003, the Maharashtra General
Kamgar Union was actively functioning amongst the workmen,
having represented them for over two decades. The petitioner had,
in the past, executed both short term and long term settlements
with the said union. The respondent workman was employed as a
Maintenance Fitter in the Maintenance Department of the
petitioner Company and was drawing wages of approximately Rs.
7,000 per month. Owing to the nature of duties in the
Maintenance Department, the respondent, along with other
workmen in that department, was required to attend duties on
Fridays, which otherwise constituted a weekly off for employees in
other departments.
3.It is the case of the petitioner that, while the respondent was
on duty in the first shift commencing at 7.00 a.m., he approached
one Mr. Shambhu Gazak, who was employed as a cook in the
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Company canteen, at about 12.20 p.m. The respondent is alleged
to have paid a sum of Rs. 200/- to the said cook and compelled
him to procure meat from the market and prepare the same in the
canteen premises. It is further alleged that upon preparation, the
meat was consumed by the respondent along with other persons.
The respondent is also stated to have supplied beer from the
petitioner’s brewery to the said cook, who had procured the meat.
It is an admitted position that only vegetarian food was served in
the canteen for the employees, and such practice was within the
knowledge of the respondent. In view of the aforesaid alleged acts
of misconduct, the petitioner issued a charge sheet to the
respondent, calling upon him to submit his explanation and
informing him that a domestic enquiry would be conducted into
the charges. The charge sheet also recorded the appointment of
Mr. S.S. Khairnar as the Enquiry Officer to conduct the
proceedings.
4.The respondent workman was placed under suspension
pending enquiry by letter dated 9 March 2003. The enquiry in
respect of the charge sheet dated 6 March 2003 commenced on 8
April 2003 and concluded on 17 March 2004. The proceedings of
the enquiry were conducted and recorded in Marathi, in
accordance with the preference expressed by the respondent. The
respondent was permitted to be represented by Mr. P. S. Sawant,
Vice President of the Maharashtra General Kamgar Union. In
support of the charges, the management examined Mr. Shambhu
Gazak as its first witness. The said witness, Mr. Shambhu Gazak,
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was subjected to cross-examination. As he was required to leave
for his native place on account of his mother’s illness, the
petitioner sought permission from the Enquiry Officer to examine
Mr. Vijay Kumar Shetty, the Canteen Manager, as its second
witness. On that date, being 8 May 2003, the defence
representative submitted that in the event the first witness was not
made available for further cross-examination, his testimony ought
not to be relied upon. The Enquiry Officer, in order to ensure
continuity of the proceedings, permitted the examination of the
second witness. Accordingly, Mr. Vijay Kumar Shetty was examined
in the presence of the respondent and his defence representative,
and was thereafter extensively cross-examined. During the course
of such cross-examination, the respondent submitted a letter which
was taken on record. The respondent and his defence
representative thereafter stated that the cross-examination of the
second witness stood concluded. Subsequently, the first witness,
Mr. Shambhu Gazak, reappeared for further cross-examination,
which was duly completed. Upon conclusion of the management
evidence, the respondent expressed his desire to file a statement,
which was accordingly taken on record, and the matter was then
posted for recording the respondent’s evidence. The enquiry
proceedings, however, came to be adjourned from time to time.
5.The respondent thereafter sought permission to examine
himself, which was granted. The respondent entered the witness
box and his evidence was recorded by the Enquiry Officer. Upon
conclusion of his examination in chief, he was cross-examined by
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the management representative. The respondent thereafter stated
that he had no further evidence to adduce, and the enquiry was
accordingly concluded. Upon conclusion of the enquiry, the
Enquiry Officer submitted his report and findings, holding that the
charges levelled against the respondent stood proved. A show
cause notice dated 13 April 2004, along with a copy of the enquiry
report, was issued to the respondent. After considering the matter,
the petitioner imposed the punishment of dismissal from service
with effect from 12 May 2004. The respondent thereafter raised an
industrial dispute under Sections 10(1) and 12(5) of the Industrial
Disputes Act, 1947. Upon failure of conciliation, the dispute was
referred for adjudication to the Labour Court, Thane, being
Reference (IDA) No. 317 of 2005. The respondent filed his
statement of claim, and the petitioner filed its written statement.
The respondent led evidence by way of affidavit and was subjected
to cross-examination by the petitioner. The respondent advanced
oral submissions, while the petitioner filed written arguments
along with authorities relied upon. The Labour Court, Thane
thereafter passed Part-I Award, holding that the enquiry conducted
against the respondent was not fair and proper and that the
findings recorded by the Enquiry Officer were perverse. Being
aggrieved by the said Part-I Award, the petitioner has preferred the
present petition.
6.Mr. Rahul Oak, learned counsel appearing for the petitioner,
submitted that the Labour Court, Thane, erred in holding that the
domestic enquiry was not fair and proper. According to him, the
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Labour Court, having rejected the contention that there was any
irregularity in offering Mr. Shambhu Gazak for cross-examination
after the evidence of Mr. Vijay Kumar Shetty was recorded, and
having also negatived the preliminary objections, could not have
arrived at a contrary conclusion on the fairness of the enquiry. It
was further contended that despite independently appreciating the
evidence on record and recording a finding that the charges
contained in the charge sheet dated 6 March 2003 stood proved,
the Labour Court fell into error in concluding that there existed a
real likelihood of bias merely on the basis of an application
submitted by the respondent workman alleging that the Enquiry
Officer and the Management Representative were suggesting
answers and that the answers were not being correctly recorded.
7.Learned counsel further submitted that the Labour Court
failed to properly appreciate the document at Exhibit 39/17 in the
enquiry proceedings, which was the application submitted by the
respondent workman. It was pointed out that the said application
pertained only to the enquiry proceedings dated 23 June 2003,
and that the answers recorded on that date were duly signed by all
persons present, including the defence representative as well as
the respondent workman. It was further submitted that even the
answer to the last question, in respect of which grievance was
raised in Exhibit 39/17, had been correctly recorded and was, in
fact, consistent with what was stated in the said application.
8.It was contended that a mere vague suspicion cannot
constitute a valid ground to infer bias. According to the petitioner,
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the Labour Court ought to have appreciated that once it was
established that the answers were correctly recorded, as reflected
in Exhibit 39/17, there could be no reasonable apprehension of
bias. In the absence of any cogent material to substantiate such an
allegation, the plea of bias against the Enquiry Officer was wholly
untenable and ought to have been rejected. Learned counsel
further submitted that the oral evidence on record clearly
demonstrated that the respondent workman had admitted that the
evidence of all the witnesses examined in the enquiry was correctly
recorded in accordance with the answers given by them. In view of
such admission, it was urged that the Labour Court ought to have
held that the material on record completely negated the allegation
of bias or any grievance as sought to be raised in Exhibit 39/17 of
the enquiry proceedings.
9.It was further submitted that the Labour Court, having itself
undertaken an independent assessment of the evidence and having
concluded that the charges levelled in the charge sheet dated 6
March 2003 were duly proved, could not have simultaneously held
that the enquiry was vitiated on account of bias or that the
findings of the Enquiry Officer were perverse. Such findings, it was
contended, were inherently inconsistent and mutually destructive.
On these grounds, it was prayed that the present petition be
allowed.
10.Per contra, Mr. Indrajeet Kulkarni, learned counsel appearing
for the respondent, placing reliance upon the decision in
State of
U.P. vs. Ravi Prakash Singh
, 2025 SCC OnLine SC 891, submitted
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that in the absence of examination of material witnesses to prove
the documents and substantiate the charges levelled against the
respondent, the Labour Court was justified in holding, under Part
I, that the enquiry was not fair and proper. It was further
contended that the person who had issued the charge sheet was
not examined, and in such circumstances, the charge sheet by itself
could not form the basis for sustaining the findings of the enquiry
in favour of the management.
11.Inviting attention to the contents of the charge sheet, learned
counsel submitted that the allegations against the respondent
included that he had compelled the canteen cook to procure meat
from the market and that both the cook and the respondent had
consumed non-vegetarian food within the canteen premises,
despite being aware that only vegetarian food was permitted. It
was submitted that in the absence of any cogent evidence to
establish the element of coercion or force upon the cook, the
charge as framed could not have been held to be proved. On this
basis, it was contended that the conclusion reached by the Labour
Court that the enquiry was not fair and proper does not warrant
interference.
REASONS AND ANALYSIS:
12.I have carefully considered what both sides have argued. I
have also gone through the enquiry papers, the statements
recorded, and the documents which are placed on record. At this
stage, the Court is not required to decide everything finally. The
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issue is limited but still important. The Court has to see whether
the Labour Court was correct in saying that the enquiry was not
fair and proper and that the findings of the Enquiry Officer were
perverse. For deciding this, the Court has to examine whether any
real harm or prejudice was caused to the respondent workman. It
must also be seen whether the manner in which the enquiry was
conducted was so unfair that it affected the defence of the
workman. Further, the Court must check whether the conclusion of
the Labour Court is supported by the material available or whether
it is only based on assumptions. These aspects are required to be
seen together and not in isolation.
13.The petitioner has pointed out one important aspect which
cannot be ignored. The Labour Court itself has looked into the
evidence and has recorded a finding that the charges mentioned in
the charge sheet dated 6 March 2003 are proved. Once the Labour
Court accepts that the material supports the charges, then it
becomes difficult to accept that the same enquiry is unfair. Both
things cannot easily stand together. If the evidence is reliable
enough to prove the charges, then normally it also shows that the
enquiry process has some level of fairness. The allegation of bias
cannot be accepted only because it is raised. There must be some
solid material. Bias cannot be based on doubt or feeling. There
must be some clear indication that the Enquiry Officer acted in a
one-sided manner or that the workman was not given proper
chance. In the present case, such strong material is not seen from
the record.
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14.The main complaint of the respondent is based on Exhibit
39/17. When this document is properly seen, it becomes clear that
it relates only to one particular date, that is 23 June 2003. It does
not cover the entire enquiry. Further, the answers which were
recorded on that day were signed by all persons present. This
includes the respondent himself and also his defence
representative. This is a very important circumstance. When a
person signs a recorded statement, it normally means that he
accepts what is written at that time. Later on, it becomes difficult
to say that the answers were not correctly recorded, unless there is
strong proof to show otherwise. In the present case, no such strong
proof is shown. The complaint remains only at the level of
allegation. Therefore, the possibility of manipulation as alleged
does not get support from the record.
15.The Labour Court appears to have given too much
importance to the mere filing of this application. Filing of a
complaint during enquiry is not unusual. But that alone cannot
prove bias. The law requires something more definite. There must
be reasonable ground to believe that the officer conducting the
enquiry was not acting fairly. Here, the respondent has not shown
that any question was wrongly framed or that he was stopped from
asking questions in cross-examination. There is no material to
show that any document was denied to him. On the contrary, the
record shows that the respondent took part in the enquiry, cross
examined witnesses, and signed the proceedings. This shows active
participation. It does not show exclusion or unfairness. Therefore,
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the conclusion of bias drawn only from the application does not
appear to be justified.
16.Another aspect which is strongly relied upon by the
petitioner is regarding the witness Mr. Shambhu Gazak. It is seen
from the record that this witness could not remain present on one
date due to personal difficulty. Because of that, the management
examined another witness, Mr. Vijay Kumar Shetty. However, later
on, Mr. Shambhu Gazak again appeared and his further cross-
examination was completed. This shows that the respondent was
not deprived of his right to cross-examine the witness. The Enquiry
Officer allowed the proceedings to continue so that there is no
delay, but at the same time ensured that the opportunity of cross-
examination is not taken away. This shows a balanced approach. In
practical, some adjustments are required in enquiry proceedings. If
ultimately opportunity is given, then such adjustment does not
make the enquiry unfair. No prejudice is shown to have been
caused because of this sequence of events.
17.The argument of the respondent that the person who issued
the charge sheet was not examined also requires consideration. It
is true that a charge sheet by itself is not proof. But in this case, the
enquiry did not depend only on the charge sheet. Witnesses were
examined. Their evidence was recorded. The respondent cross-
examined them. The respondent was also given chance to give his
own evidence. Therefore, the case of the management was
supported by oral evidence and not merely by the charge sheet. In
such situation, non examination of the person issuing the charge
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sheet does not make the enquiry invalid. What is important is
whether the facts were proved through evidence. The record
shows that such evidence was brought and tested.
18.The respondent has also argued that the allegation of forcing
the cook to bring meat is not properly proved. This argument goes
more towards the strength of the charge. It may have some
relevance at a later stage when the Court examines whether the
punishment is justified. The Court is only examining whether the
enquiry was fair. A domestic enquiry is not like a criminal trial
where strict proof is required in a particular manner. The standard
is of fairness and reasonable opportunity. If the workman is heard,
if evidence is recorded, and if the conclusion is based on some
material, then the enquiry is generally treated as proper. Here,
these basic requirements appear to have been satisfied. Therefore,
merely because the respondent feels that one part of the charge is
not strongly proved, the entire enquiry cannot be said to be unfair.
19.I also find it difficult to accept the conclusion of the Labour
Court that there was real likelihood of bias. The record shows that
the answers were signed. The respondent was present. His
representative was present. If there was any serious issue about
wrong recording, it could have been raised immediately and
correction could have been insisted upon at that time. The record
does not show that such insistence was made and refused. Instead,
the proceedings continued normally. Witnesses were examined
further. Cross-examination took place. In such a situation, a later
complaint appears more like dissatisfaction rather than proof of
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bias. Dissatisfaction alone is not enough in law.
20.The approach of the Labour Court also shows some
inconsistency. On one side, it says the enquiry is not fair. On the
other side, it examines the evidence and says the charges are
proved. These two findings do not go well together. If the enquiry
is really unfair, then the evidence recorded in such enquiry
becomes doubtful. But if the evidence is good enough to prove the
charges, then it indicates that the enquiry process was not
defective in the manner stated. Both findings together create
confusion and weaken the reasoning of the Labour Court. A clear
and consistent approach is expected, especially when serious
consequences, like dismissal are involved.
21.It is true that every workman must get fair treatment in a
domestic enquiry. This is a basic requirement of law. But fairness
must be seen from actual facts. It cannot be assumed. In the
present case, the respondent knew the charges against him. He
participated in the enquiry. He had assistance of a representative.
He cross-examined the witnesses. He also gave his own evidence.
There is nothing to show that he was prevented from placing his
defence. There is also nothing to show that the Enquiry Officer
acted in a one-sided manner. The allegation of bias is not
supported by clear material. It remains only a statement without
proof.
22.For all these reasons, I am of the view that the Labour Court
was not correct in holding that the enquiry was unfair and that the
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findings were perverse. The conclusion of the Labour Court does
not properly match with the record. The enquiry appears to have
been conducted in a fair manner and the respondent was given
reasonable opportunity to defend himself. Therefore, the finding of
the Labour Court on this issue cannot be sustained. The challenge
raised by the petitioner deserves to be accepted.
23.In view of the foregoing discussion and reasons recorded
hereinabove, the following order is passed:
(i) The writ petition is allowed;
(ii) The impugned Part I Award passed by the Labour
Court, Thane in Reference (IDA) No. 317 of 2005, holding
that the domestic enquiry is not fair and proper and that the
findings of the Enquiry Officer are perverse, is hereby
quashed and set aside;
(iii) It is held that the domestic enquiry conducted against
the respondent workman is fair and proper and in
accordance with law;
(iv) The Reference (IDA) No. 317 of 2005 is restored to the
file of the Labour Court, Thane for adjudication on merits in
accordance with law, on the basis that the enquiry stands
upheld;
(v) The Labour Court shall proceed with the Reference
expeditiously and preferably within a period of six months
from the date of receipt of this order;
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(vi) Rule is made absolute in the above terms. No order as
to costs.
(AMIT BORKAR, J.)
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