MAKHAN SINGH versus NARAINPURA CO-OPERATIVE AGRICULTURAL SERVICE SOCIETY LTD. & ANR.

Citation: [1987] 3 S.C.R. 527 · Decided: 17-07-1987 · Supreme Court of India · Bench: E.S. VENKATARAMIAH · Disposal: Appeal(s) allowed

Judgment (excerpt)

MAKHAN SINGH 
v. 
NARAINPURA CO-OPERATIVE AGRICULTURAL 
SERVICE SOCIETY LTD. & ANR. 
JULY 17, 1987 
[E.S. VENKATARAMIAH, AND K.N. SINGH, JJ.] 
Industrial Disputes Act 1947-Termination of service of a work-
man without holding a domestic enquiry is not justified. 
A 
B 
The respondent-Society terminated the service of the appellant, C 
who stayed away from work for a few days, without holding a domestic 
enquiry. Upon an industrial dispute having been raised, the question 
whether the termination of service was justified was referred to the 
Labour Court under S. lO(l)(c) of the Industrial Disputes Act, 1947. 
Tbe appellant submitted that he had stayed away from work due to his 
illness and gave evidence in support thereof. The respondent pleaded D 
that the appellant had gone 'on a strike' without obtaining any leave 
and had also committed embezzlement of money belonging to it. The 
Labour Court came to the conclusion that the appellant had absented 
himself from duties without obtaining leave and, accepting photostat 
copies of certain documents furnished by the respondent found that the 
appellant had committed the alleged embezzlement. It accordingly held 
E 
that the termination of service was justified. The appellant's writ peti-
tion against the award of the Labour Court was dismissed in limine by 
the High Court. 
Allowing the appeal by special leave and ordering reinstatement 
-, 
of the appellant in service with full back wages, 
F 
HELD:The termination of the service of the appellant without 
holding any domestic enquiry is unjustified. [530E-F] 
The finding of the Labour Court that the appellant had embezzled 
amounts belonging to the respondent without going into the question G 
whether the photomat copies of documents produced could be accepted as 
evidence in the absence of the originals, when no explanation was given 
by the respondent for not producing the originals, is without any basis 
and is liable to be set aside. The finding of the Labour Court that the 
appellant had absented himself from duties without obtaining leave is 
not sustainable for the reason that the case of the respondent was that 
H 
527 
528 
SUPREME COURT REPORTS 
[1987] 3.S.C.R. 
A 
the appellant had gone 'on a strike' and, if that was so, no question of 
obtaining any leave would arise. There was also no,reason to reject the 
evidence given by the appellant in support of his assertion that he had 
not attended to his wori< during the relevant period due to his illness. [SJOA-C] 
(ii) If the appellant has worked in any other society, the amount 
B of back wages payable shall be reduced by the salary drawn by the 
appellant from such society during the period subsequent to his termi-
nation ofservice. [531A] 
c 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1080 
of 1987. 
From the Judgment and Order dated 3.2.1986 of the Punjab and 
Haryana High Court in C. W. No. 561 of 1986. 
Pramod Ahuja and Kailash Vasdev for the Appellant. 
D 
P.N. Puri for the Respondents. 
The Judgment of the Court was delivered by 
VENKATARAMIAH, J. The appella.JJt, Makhan Singh, was 
working as the Secretary of Narainpura Co-operative Agricultural 
E 
Service Society Limited, Narainpura, District Ferozepur-Respon-
dent No. 1 (hereinafter referred to as 'the Society'). He did not attend 
to his duties between May 11, 1981 and May 29, 1981 and that he had 
stayed away from work during that period. The Society passed a re-
solution on May 30, 1981 terminating his services. On an industrial 
dispute being raised the Labour Commissioner, Punjab referred.the 
F 
following questions to the Labour Court, Bhatinda under section 
10( 1)( c) of the Industrial Disputes Act, 1947: 
G 
Whether termination of services of Makhan Singh, workman is 
jus\ified and in order? If not, to what relief/exact amount of 
compensation is he entitled? 
Before the Labout Court the appellant filed his statement of 
claim in which he asserted that he had not attended to his work bet-
ween May 11, 1981 and May 29, 1981 due to his illness, that he had 
taken leave for that period and that his services had been terminated 
by the management without any justification. He further alleged that he 
H had put in six years of service in the Society and was drawing a salary 
1
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MAKHAN v. NARAINPURA SOCIETY [VENKATARAMIAH. J.J 
529 
( 
...... 
of Rs.460 per month at the time of the termination of his services. He A 
prayed for reinstatement in his post and also for back wages. The 
Society 

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