BALIJAN SOUTH TEA ESTATE Vs. LABOUR COURT

JUDGEMENT

(1.) IN this civil rule the validity of the procedure followed by the presiding officer of the labour court in taking fresh evidence and deciding upon the case on Its merits is called into question.

(2.) THE facts of the case may be briefly noticed. The management, namely, the Eastern Assam Tea Company, Ltd., the petitioner herein, dismissed one Moneswar Dutta, opposite party 3 in this petition, who was working as a woman mohorer in the Balijan South Tea Estate under the petitioner. A charge was framed against Moneswar Dutta which stated that when the total quantity of the green leaves plucked by opposite party 3's daffa was re -weighed, a large discrepancy to the tune of 489 -50 kilograms was found short against the figure shown by the opposite party 3 as representing the weight of the green leaves in question. This discrepancy indicated that the opposite party 3 had committed a grave misconduct in showing that the green leaves plucked leveled much more and payment had to Toe made on that weight than what actually it was. An explanation was called for from the opposite party 3 on this charge. Thereafter, the manager of the establishment', Sri J. P. Knight, held an enquiry and received and recorded evidence on the charge. This evidence was recorded in the presence of the opposite party 3 who was given an opportunity to cross -examine the witnesses which opportunity, however, he did not avail himself of. He was given an opportunity further to offer his explanation, if any, at the conclusion of the enquiry but he had co explanation to submit explaining his conduct In respect of the charge. He further did not want to cross -examine anybody even at that stage. On the conclusion of the proceedings, taking into account the fact that the opposite party 3 had no explanation to offer at the enquiry, the enquiring officer felt satisfied that the charge had been established and this is what he Said:

(3.) IT is clear from what has been stated above that the ordinary principles of natural justice that should be followed oven in judicial or quasi -judicial enquiries have been followed In this case, in that the opposite party 3 had been served with a chargesheet, that he was given an opportunity to offer his explanation on the charge, that he was allowed to be present at the enquiry and the evidence of the witnesses was recorded in his presence, that he was given an opportunity to cross -examine these witneses, that at the end of taking evidence he was offered to make any submission he wished to make and an offer was also made to him for recalling any witness for the purposes of his cross -examination again. Having regard to the above, we are satisfied that the domestic enquiry held in this case amply satisfied the requirements of the principles of natural justice. At the end of the enquiry after an opportunity to offer any explanation had been given, the enquiring officer had considered the evidence recorded at the enquiry In the light of certain verbal submissions made by the opposite party 3 and came to the conclusion on such a consideration that the opposite party 3 was guilty of the charge and as the evidence disclosed that the offence committed by the opposite party 3 was of a serious character, he was dismissed from the service.