ENGINEERING LAGHU UDYOG EMPLOYEES' UNION versus THE JUDGE, LABOUR COURT AND INDUSTRIAL TRIBUNAL AND ANR.

Citation: [2003] SUPP. 6 S.C.R. 253 · Decided: 25-11-2003 · Supreme Court of India · Bench: V.N. KHARE, S.B. SINHA, AR. LAKSHMANAN · Disposal: Dismissed
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Judgment (excerpt)

ENmNEERING LAGHU UDYOG EMPLOYEES' UNION 
A 
v. 
THE JUDGE, LABOUR COURT AND 
INDUSTRIAL TRIBUNAL AND ANR. 
NOVEMBER 25, 2003 
[V.N. KHARE CJ., S.B. SINHA AND DR. AR. LAKSHMANAN, JJ.] 
Industrial Disputes Act, 1947 : 
B 
Ss. JO, II-A and 33-Workman-Misconduct by-Dismissal fi·om C 
service-No domestic inqui1y held-Reference-Employer opted to lead 
evidence to prove the charges-Plea before Labour Court that terinination 
was contrary to principles of natural justice as no domestic inquily was 
held-Labour Court found the charges proved and gave award against the 
worker-High Court holding that order of termination would relate back D 
to date of original order of termination-Held, employer has got a right 
to adduce evidence before Labour Court/Tribunal justifYing its action, even 
where no domestic inqui1y whatsoever has been· held-Charges were 
proved beforf! the Labour Court-High Court was correct in holding that 
the order of termination would relate back to the date of original order-
Observations made with regard to order of dismissal when made pursuant E 
to an employer taking recourse to unfair labour practice etc.-Principles 
of natural justice. . 
P.H Kalyani v. Mis. Air France, Calcutta, (1964} 2 SCR 104, 
followed. 
F 
Workmen of Motipur Sugar Factory (Private) Limited v. Motipur 
Sugar Fact01y, (196513 SCR 588; Punjab Dai1y Development Corporation 
Ltd. and Another v. Kala Singh and Others, (1997) 6 SCC 159; R. Thiruvir 
Ko/am v. Presiding Officer, (1997J 1 SCC 9; ~irector, State Transport 
Punjab and Another v. Gurdev Singh and Another, (1998) 2 sec 159 and G 
Rambahu Vyankuji Kheragade v~ Maharashtra Road Transport Corporation, 
(1995) Suppt 4 sq:: ~57; Workmen of Messrs Firestone Tyre & Rubber 
Company of India (P.) ltd. y. Management & Ors., (1973J 3 SCR 587 and 
Jaipur Zilla Sahakari Bhoomi Vikas Bank Ltd. v. Ram Gopal Sharma and 
Others, (2002 J ~ sec 244, relied on. 
H 
253 
254 
SUPREME COURT REPORTS [2093] SUPP. 6 S.C.R. 
A 
Gujarat Steel Tubes Ltd. ''· Gujarat Steel Tubes Ma:::door Sabha, 
119801 2 SCR 146 and Vishweshwaraiah Iron & Steel Ltd. v. Abdul Gani 
& Ors., 11997) 8 SCC 713, referred to. 
S. JO-Order of Labour Court-Relating back to original order-
B Discussed. 
CIVIL APPELLATE JU.RISDICTION : Civil Appeal No. 1729 of 
1998. 
From the Judgment and Order dated 6.1.91 of the Rajasthan High 
C Cou11 in 0.8.S.A.W. No.1322 of 1996. 
D 
Y. Sandhu, Jitendra Singh Tanwar and Indra Makwana for the 
Appellant. 
Bharat Sangal, Ms. Sangeeta Panicker and R.R. Kumar for the 
Respondents. 
The Order of the Court was delivered : 
One Smt. Rukma was an employee of Mis. Neeraj Tising Industry, 
E Ajmer. It appears that she committed certain misconduct as a result of 
· which _her services were terminated by the employer on 20th December, 
1989. The charge against the workman was that the Manager has entered 
into conspiracy to get her kidnapped through one Amar Singh by offering 
her Rs. I 0,000. Such an allegation was made against the Manager in front 
F of other workmen and on Manager's asking as to why she had been casting, 
such false allegations against him and despite his efforts to pacify her, she 
became violent and took off her chappal and threatened to beat him, but 
on intervention of some other workmen, she could not reach him. She 
despite the Manager's asking her to behave herself, continued to make 
G allegations against him in the most filthy language. 
Having regard to the said misconduct as also her other past misconducts, 
the workman was dismissed from service. She did not even acknowledge 
the receipt of the order of dismissal as a result whereof the same had to 
be sent to her by registered post along with a covering letter in respect 
H th~reof. She even refused to accept the dues as admissible to her and the 
ENGG. LAGHU UDYOG EMPLOYEES' UNION 1·. JUDGE LABOUR COURT AND INDL. TRIBUNAL 255 
same was sent by Money Order on 21.12.1989. 
A 
The appellant herein espoused the cause ofSmt. Rukma (workwoman). 
As the conciliation proceedings failed, the matter was referred to the 
Labour Court under Section I 0 of the Industrial Disputes Act (for short 
'the Act'). One of the issues framed before the Labour Court was whether B 
the order terminating the services of Smt. Rukma was contrary to the 
principles of natural justice as no domestic inquiry proceedings were held 
for the said purpose. Under such circumstances, the employer opted to lead 
evidence to prove the charges as a result of
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