Dismissed

M/S Managing Director Faridabad Central Coop. Bank v. Budhpal & Anr.

Punjab & Haryana HC5 Jan 2012LPA/3/2012

Case brief

AI extract

What is this about?

The Appeal against a Single Judge's order allowing a writ petition and remitting a domestic inquiry matter to the Labour Court was dismissed, as no illegality or irregularity was found in the impugned order which warranted interference with the remand directive.

What did the court decide?

The appeal was dismissed, leaving the Single Judge's order remanding the matter to the Labour Court under Section 11-A of the Industrial Disputes Act, 1947, in force.

M/S Managing Director Faridabad… — Pension and Retirement Benefits | Punjab & Haryana HC (2012)

¶1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶2

LPA No. 3 of 2012 Date of decision: 5.1.2012

¶3

M/s Managing Director, Faridabad Central Cooperative Bank Faridabad …..Appellant

¶4

vs.

¶5

Budhpal and another …..Respondents

¶6

CORAM: - HON’BLE MR. JUSTICE HEMANT GUPTA HON’BLE MR. JUSTICE A.N.JINDAL

¶7

Present: - Mr. Sachin Gupta, Advocate for the appellant.

¶8

HEMANT GUPTA, J

¶9

Challenge in the present appeal is to an order passed by learned Single Judge of this Court on 21.9.2011 whereby, the writ petition filed by the workman-respondent was allowed after retuning a finding that the domestic inquiry conducted by the petitioner is not fair and proper. The matter has been remitted back to the learned Labour Court, Faridabad to decide the issue No. 1 for deciding the reference afresh.

¶10

Earlier, the learned Labour Court vide the order dated 18.7.2000 returned a finding that the domestic inquiry conducted by the management is fair and proper. After such finding on issue No. 1, learned Labour Court answered the reference against the workman vide the order dated 2.2.2009.

¶11

LPA No. 3 of 2012.

¶12

¶13

In a writ petition, where the challenge was to both the orders passed by learned Labour Court, learned Single Judge has returned a finding that the finding recorded by the Labour Court that a domestic inquiry conducted is fair and proper, is not justified.

¶14

The matter has been remitted back to the learned Labour Court. It is open to the appellant to lead evidence in respect of fairness of the domestic inquiry and/or in the alternative to prove the misconduct before the learned Labour Court for the first time in terms of Section 11-A of the Industrial Disputes Act, 1947, if so permissible in law.

¶15

In view of the said fact, we do not find any illegality or irregularity in the order passed by learned Single Judge of this Court on 21.9.2011 which may warrant interference in an appeal.

Dismissed.

(HEMANT GUPTA) JUDGE

(A.N.JINDAL) JUDGE

5.1.2012 preeti

M/S Managing Director Faridabad Central Coop. Bank v. Budhpal & Anr.

Case brief

What is this about?

What did the court decide?

M/S Managing Director Faridabad Central Coop. Bank v. Budhpal & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Darshna Rani Vs the Commissioner,Gurgaon Div., Gurgaon and Ors.

Kamla Vs State of Haryana and Ors.

Election Commission Thr Its Secretary and Ors. Vs Ravi and Anr.

Rajinder Kumar Alias Pindri Vs State of Punjab

Jorawar Singh Vs State of Punjab

Kamlesh Rano & Anr. Vs State of Haryana & Anr.