RAHUL YOGESHCHANDRA DALAL Vs. STYROLUTION(ABS) INDIA LTD.

JUDGEMENT

(1.) Present petition is filed by the petitioner - employee under Articles 226 & 227 of the Constitution of India read with the provisions of the Industrial Disputes Act, 1947 (hereinafter be referred to as "the Act") challenging the order dtd. 6/7/2023 passed by the learned Judge, Labour Court, Vadodara (hereinafter be referred to as "the Labour Court") in Reference (LCV) No. 167 of 2014 below Exh.-17 whereby, the learned Judge has held and declared that the departmental inquiry initiated by the present respondent is legal and proper and in compliance of the principles of natural justice.

(2.) At the outset, learned counsel Mr. Varun K. Patel has submitted that the writ petition is not maintainable as the preliminary issue which is decided by the Labour Court with regard to determining the legality and validity of the departmental proceedings can always be challenged after final award is passed. In support of his submissions, learned counsel Mr. Patel has referred to and relied upon the judgment of the Hon'ble Apex Court in the case of Cooper Engineering Limited vs. P.P. Mundhe, AIR 1975 SC 1900 and the judgment dtd. 4/8/2004 passed in Special Civil Application No. 8754 of 2003 with allied matters by the Coordinate Bench of this Court.

(3.) Learned counsel Mr. Aakash Modi, appearing for the petitioner has submitted that in fact, the Labour Court has passed the impugned order without appreciating the legal aspect. He has submitted that in fact, the departmental proceedings can be held to be illegal, since the petitioner was not paid the subsistence allowance and such allowance has been set off against the loan given by the respondent. It is further submitted that the departmental proceedings in fact, were not held legally without appreciating the documentary evidences. Finally, it is submitted by the learned counsel Mr. Modi, that the Labour Court may be directed to decide the reference as expeditiously as possible, since the reference is of the year 2014.