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Jagadish Paranjape   18 September 2022

Domestic enquiry vitiated

Anant R. Kulkarni v. Y.P. Education Society, (2013) 6 SCC 515 held that once the Court set aside an order of punishment on the ground that the enquiry was not properly conducted, the Court should not preclude the employer from holding the inquiry in accordance with law. It must remit the case concerned to the disciplinary authority to conduct the enquiry from the point that it stood vitiated, and to conclude the same in accordance with law.

Is this applicable to companies in Pvt .sector covered by Industrial Employment(standing orders) Act 1947.



Learning

 3 Replies

Dr J C Vashista (Advocate)     19 September 2022

The judgment passed by Supreme Court is applicable to each and every Court, Tribunal and Authority in terms of Article 141 of Constitution of India, 1949 which reads as:

Article 141 in The Constitution Of India 1949

141. Law declared by Supreme Court to be binding on all courts The law declared by the Supreme Court shall be binding on all courts within the territory of India

Sudhir Kumar, Advocate (Advocate)     30 December 2022

please come with facts.

Dr J C Vashista (Advocate)     31 December 2022

It would be appropriate to consult and engage a local prudent lawyer for better appreciation of facts / document, professional advise and necessary proceeding.
 


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