Manoj Kumar vs Presiding Officer, Industrial ...
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Allahabad High Court

Manoj Kumar vs Presiding Officer, Industrial ... on 15 May, 2024

Author: Alok Mathur

Bench: Alok Mathur

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:37644
 
Court No. - 7
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 2356 of 2024
 

 
Petitioner :- Manoj Kumar
 
Respondent :- Presiding Officer, Industrial Tribunal(Ii), Lko. And Another
 
Counsel for Petitioner :- Girish Kumar Tiwari
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Alok Mathur,J.
 

1. Heard Sri Girish Kumar Tiwari, learned counsel for petitioner as well as learned Standing Counsel for respondent No. 1.

2. The challenge in the present writ petition has been made to the order dated 10.04.2024 passed by U.P. Industrial Tribunal-II, Lucknow wherein the application of the petitioner for deciding the validity of the domestic inquiry as a preliminary issue has been rejected by the Tribunal stating that the matter is pending since 2007 and also there are orders passed by this Court for expediting the proceedings before the Industrial Tribunal.

3. Learned counsel for petitioner submits that services of the petitioner were dismissed on 01.06.2006 after a domestic inquiry was conducted against him. It is stated that the allegations against the petitioner was with regard to unauthorize absence from duty for which purpose a charge-sheet was given on 05.04.2005 and he was dismissed on 01.06.2006. It has been submitted that the Tribunal is mandated to consider the validity of the domestic inquiry as a preliminary issue and in case the petitioner is able to demonstrate that the domestic inquiry was vitiated on account of the fact that it was violation of principles of natural justice or was conducted in violation of any other statutory requirements, it is only then the Industrial Tribunal can proceed to determine the validity of the order of the dismissal itself after inquiring the employer to adduce the evidence.

4. In this aspect, he has submitted that the order is illegal and arbitrary. He has also relied upon the judgment of the Hon'ble Supreme Court in the case of Kurushetra University Vs. Prithvi Singh, AIR 2018 SC 973.

5. Considering the arguments of the petitioner, the matter requires consideration.

6. Accordingly, issue notice to respondent No. 2.

7. Learned counsel for petitioner shall take steps within ten days.

8. List this case on 22.07.2024.

9. Till the next date of listing, proceedings before U.P. Industrial Tribunal-II, Lucknow shall remain stayed

(Alok Mathur, J.)

Order Date :- 15.5.2024

Ravi/