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Rajasthan High Court · body

2014 DIGILAW 1924 (RAJ)

Kamaljeet v. Labour Court & Industrial Tribunal, Ajmer

2014-11-27

J.K.RANKA, SUNIL AMBWANI

body2014
Judgment : 1. This Special Appeal arises out of the judgment passed by learned Single Judge, by which he held that the claim of interim relief by the member of the petitioner-Union had rightly been declined by the Labour Court & Industrial Tribunal, Ajmer (for short, 'Labour Court'). 2. The dispute is pending adjudication in the Labour Court, for adjudication on the validity of the order of termination of the workman. During the pendency of the proceedings, the Labour Court held that the domestic enquiry, held by the employer, was not just and proper, and allowed an opportunity to the employer to lead evidence to prove the charges, on which he has terminated the workman. 3. During the pendency of the proceedings, in which the employer is leading evidence and the respondent-workman is defending himself, an application was filed for payment of subsisting allowance, as according to the appellant, after holding the domestic enquiry to be not just and fair, the workman relegated to a position where his order of termination cannot be sustained and he will be treated to be reinstated pending domestic enquiry. 4. In our view, the finding recorded by the Labour Court that the domestic enquiry was not just and proper is a step in the proceedings in Labour Court in which the employer has been allowed to lead evidence to prove the charges. At this stage, it cannot be said that the employs services were wrongly terminated on the imputation of charges against him, to be entitled to be reinstated and for suspension allowance. The dispute is still to be adjudicated by the Labour Court in the proceedings. 5. At this stage, we also do not propose to go into the question as to whether the employee union/workman is delaying the proceedings to be disentitled to any relief in the writ petition. The Special Appeal is thus disposed of with directions to the Labour Court to conclude the proceedings as expeditiously as possible, preferably within three months from the date of receipt of certified copy of this order. A copy of this order be place in both files.