JET AIRWAYS INDIA PVT LTD Vs. LABOUR COURT

JUDGEMENT

(1.) The principles of 'Natural Justice', its violation causing prejudice and civil consequences to a worker who suffered dismissal in the domestic enquiry proceedings are the issues that loom large before us in this Writ Appeal. This writ appeal is directed against the judgment under challenge passed by the learned Single Judge of this Court in W.P (C) No. 24324/2005 filed by the appellant herein. In the above writ petition the appellant challenged Ext.P4 preliminary order passed by the Labour Court, Kozhikode in IDC No. 4/2002. The appellant was an employer and the 2nd respondent (contesting respondent) was a workman under him. Facts necessary for the consideration of this writ appeal can be summerized as follows:

(2.) The workman by name Mr. K.N. Suresh Kumar was employed as a Senior Security Assistant in the service of M/s. Jet Air Ways India Pvt. Ltd. at Calicut Airport. He was selected to undergo training at Bombay which was scheduled to be held on 16.5.2001. In that journey to Bombay, he boarded at Calicut Airport, at about 3 pm. on 15.5.2001. The Security Officer and Airport Manager, who were standing near the baggage screening machine, on suspicion that he was under the influence of alcohol wanted the workman/2nd respondent to undergo medical check-up. Without undergoing medical check up, the 2nd respondent/worker pleaded to accept him on board. He went near the aircraft without a boarding pass and undergoing security check. Ultimately, the aircraft departed without taking the passenger. The Airport Manager reported this matter to his superior officer in writing. On the basis of that report, the management charge sheeted the worker for riotous or disorderly behaviour during working hours at the establishment and committing acts subversive of discipline and for willful insubordination or disobedience of lawful and reasonable orders of superior and placed him under suspension pending enquiry. The worker denied the charges levelled against him. An advocate from Calicut Bar was appointed as an enquiry officer and he conducted enquiry. In the enquiry he was found guilty of the charges levelled against him and dismissed from the service by way of punishment. The industrial dispute raised by the workman was referred to the Labour Court, Calicut and an I.D was registered. The Labour Court, Kozhikode found that the enquiry was vitiated by the gross violation of the principles of natural justice due to the denial of sufficient opportunity to adduce evidence. The copies of the documents and witness list were not served in advance to the workman and it caused prejudice to him. The issue regarding the legality, propriety and fairness of the enquiry was heard as a preliminary point by the Labour Court and found that the enquiry is vitiated by gross violation of the principles of natural justice.

(3.) Aggrieved by the impugned order, the appellant filed Writ Petition No. 24324/2005 before this Court. After considering the impugned order the learned Single judge confirmed the finding that the enquiry is vitiated by gross violation of the principles of natural justice by non-supply of the witness schedule and copy of the documents in advance. This writ appeal is filed challenging the finding that the enquiry was vitiated by the violation of the principles of natural justice.