J.K. CEMENT WORKS Vs. CHHOTE LAL PARTANI

JUDGEMENT

(1.) BY this special appeal, the appellant -employer has challenged the order dt. 2.1.2014 passed by learned Single Judge, by which he held that the domestic enquiry conducted against the respondents -workmen was vitiated, inasmuch as, despite the request of the respondents -workmen for providing copies of the complaints, which were in English language, to be given to them in Hindi language, the appellant -employer, after having provided the copies of the complaints in Hindi, completed the domestic enquiry and prepared the enquiry report in English language. The appellant -employer did not provide the enquiry report translated into Hindi language to the respondents -workmen. Since the respondents -workmen were not highly educated, they were unable to understand the findings of the enquiry officer, which vitiated the entire enquiry. Learned Single Judge, after recording the findings that the domestic enquiry was vitiated and that the Labour Court rejected the objections of the respondents -workmen regarding the conduct of the domestic enquiry on a very flimsy grounds, allowed the writ petition and set aside the Award dt. 01.05.1997. With this result, learned Single Judge directed that the respondents -workmen be allowed all the service benefits as if they had remained in service of the appellant -company. He, thereafter, having regard to the facts and circumstances, directed that the respondents -workmen will be entitled for 50% of the back wages.

(2.) LEARNED counsel for the appellant -employer submits that the domestic enquiry was held in a just, fair and proper manner, the charges were established against the respondents -workmen, they were given the copies of the complaints in Hindi language and that the entire enquiry proceedings were conducted in Hindi language, which was not disputed by the respondents -workmen. They did not demand copy of the enquiry report to be translated in Hindi language. The Labour Court had recorded the finding that there was no breach of the principles of natural justice in the domestic enquiry. It also found that the charges were duly established against the respondents -workmen.

(3.) AFTER going through the findings recorded by learned Single Judge, we are prima facie of the opinion that in case learned Single Judge was of the view that the copy of the enquiry report was not provided to the respondent -workmen in Hindi language and thus the domestic enquiry was not held in just and fair manner, and in breach of the principles of natural justice, he should have after setting aside the Award, remanded the matter to the Labour Court to allow the employer to prove the charges in the Labour Court by leading evidence, in accordance with the provisions of Section 11A of the Industrial Disputes Act, 1947 and in view of the judgments of the Supreme Court in Delhi Cloth and General Mills Co. vs. Ludh Budh Singh, : AIR 1972 SC 1031 and Karnataka S.R.T.C. vs. Laxmidevamma, : AIR 2001 SC 2090, which continues to be law applicable to the domestic enquiry in the Labour Courts.