High Court clarified that questions regarding fairness of domestic inquiry or validity of settlement under the Industrial Disputes Act must be addressed before examining other merits, and employer must be afforded evidentiary opportunity if fairness is challenged.
Clarification on order of proceedings and disposal of miscellaneous petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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W.M.P.No.29424/2022
W.M.P.No.29424 of 2022 in W.P.No.27712 of 2017
S.VAIDYANATHAN,J.
It is represented that the Court below has misunderstood the order of this Court, dated 16.06.2021, passed in the Writ Petition, that all the issues touching the merits of the matter need to be adjudicated, which is inclusive of the fairness in the domestic inquiry.
dixit
06-01-2023
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W.M.P.No.29424/2022
S.VAIDYANATHAN,J.
dixit
W.M.P.No.29424 OF 2022 in W.P.No.27712/2017
06-01-2023
3 issues framed by the court
Whether fairness of domestic inquiry and validity of settlement under Section 18(1) of ID Act are preliminary issues requiring adjudication before merits.
Whether determination of status as workman or industry is preliminary or touching merits.
Whether employer must be given opportunity to adduce evidence if fairness of domestic inquiry is questioned.
1 provisions across 1 enactments
S. VAIDYANATHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
