Disposed

Guldev Singh Bhandari v. Punjab Singh Bank

Himachal Pradesh HC12 Sept 2017CWP/2482/2012

Case brief

AI extract

What is this about?

This writ petition challenged an Industrial Tribunal order dismissing an inquiry fairness claim. The bench held that under Supreme Court precedent, the Court should not intervene while the Tribunal decides the preliminary issue of natural justice. The interim order staying proceedings was vacated, and the Tribunal was directed to decide the case by 31.12.2017.

What did the court decide?

Vacated the interim stay; directed the Industrial Tribunal to decide the case by 31.12.2017; impugned order to have no effect.

Guldev Singh Bhandari Vs Punjab Singh Bank — Service and Employment | Himachal Pradesh HC (2017)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

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CWP No. 2482 of 2012 Decided on: 12^th September, 2017

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____________________________________________________________________ Guldev Singh Bhandari .......Petitioner Versus Punjab & Sindh Bank and ors. ….…Respondents ____________________________________________________________________

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Coram

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The Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge.

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Whether approved for reporting?¹ No For the petitioner: Mr. Ajay Sharma, Advocate. For the respondents: Mr. Janesh Mahajan, Advocate.

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Tarlok Singh Chauhan, J. (oral).

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This writ petition is directed against the order dated 24.2.2012, whereby the Industrial Tribunal-cum-Labour Court-II, Chandigarh, has decided the preliminary issue against the petitioner by concluding that there has been fairness in the inquiry conducted against him.

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Admittedly the petitioner has been dismissed from service and his case is pending adjudication before the learned Tribunal and, thus, it was incumbent upon the learned Tribunal to

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1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.

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first decide as a preliminary issue whether the domestic enquiry has violated the principles of natural justice.

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Reference in this regard can conveniently be made to three Judges’ decision of the Hon’ble Supreme Court in Cooper Engineering Limited vs. Shri P. P. Mundhe, (1975) 2 SCC 661 , wherein it was observed as under:-

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22. We are, therefore, clearly of opinion that when a case of dismissal or discharge of an employee is referred for industrial adjudication the labour court should first decide as a preliminary issue whether the domestic enquiry has violated the principles of natural justice. When there is no domestic enquiry or defective enquiry is admitted by the employer, there will be no difficulty. But when the matter is in controversy between the parties that question must be decided as a preliminary issue. On that decision being pronounced it will be for the management to decide whether it will adduce any evidence before the labour court. If it chooses not to adduce any evidence, it will not be thereafter permissible in any proceeding to raise the issue. We should also make it clear that there will be no justification for any party to stall the final adjudication of the dispute by the labour court by questioning its decision with regard to the preliminary issue when the matter, if worthy, can be agitated even after the final award. It will be also legitimate for the High Court to refuse to intervene at this stage. We are making these observations in our anxiety that there is no undue delay in industrial adjudication.

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4. Admittedly, this petition is pending adjudication before

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this Court since 17.4.2012 and proceedings before the learned Tribunal have been stalled in view of the interim order passed by this Court on 18.4.2012 in CMP No.3815/2012.

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It would be noticed that the Hon’ble Supreme Court in Cooper Engineering Limited’s case (supra) has specifically held

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that there will be no justification for any party to stall the final adjudication of the dispute by the Labour Court by questioning its decision with regard to the preliminary issue when the matter, if worthy, can be agitated even after the final award and it would also be legitimate for the High Court to refuse to intervene at this stage.

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I am of the considered view that in light of the law laid down by the Hon’ble Supreme Court in Cooper Engineering Limited’s case (supra) , this Court at this stage should stay its hands of from adjudicating the claims so raised, particularly when the matter has been sufficiently delayed for over five years as it is not in the interest of either party to prolong this litigation. Therefore, I feel that the ends of justice shall stand sub-served in case the learned Tribunal is directed to decide the case in a time bound manner.

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Accordingly, without going into the relative merits of the case, the interim order dated 18.4.2012 passed by this Court in CMP No. 3815/2012 is vacated and the learned Industrial Tribunalcum-Labour Court-II, Chandigarh, is directed to decide the case as expeditiously as possible and in no event later than 31.12.2017 . Needless to say that the impugned order dated 24.2.2012 passed the learned Tribunal shall have no effect while making adjudication and it shall decide the case without being influenced by what has been observed in the said order.

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The parties through their respective counsel are

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directed to appear before the learned Tribunal on 20.9.2017.

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The writ petition is disposed of in the aforesaid terms,

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leaving the parties to bear their own costs. Pending application(s), if

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any also stands disposed of.

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September 12, 2017

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(pankaj)

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(Tarlok Singh Chauhan) Judge

Guldev Singh Bhandari v. Punjab Singh Bank

Case brief

What is this about?

What did the court decide?

Guldev Singh Bhandari v. Punjab Singh Bank

Case brief

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