Points which proves Illegal termination after defective inqu

You can appeal for defective enquiry immediately to the higher officials.

sir, 

labour court has ordered that inquiry is defective as first preliminARY ISSUE and adjourned the case for other remaing issues  whether termination is illgal and whether the case is maintainable and relief 

though we have in our plaint and written arguments have taken up these issue but order was on first issue that is wheter inquiry was fair and with principle of natural justice.

 

I want to know the clarification now how i could prove termination illegal in new evidence.

and what will be the procedure followed.

 

Since labour court has already held that the domestic enquiry conducted against you is invalid and no charges are proved against you through such enquiry, the labour court will not provide opportunity afresh to the company to prove their case i.e. you have committed certain misconduct for which you were terminated. 

 

In such scenerio, apart from depending, you do not have to prove much now since the onus is on the managment to prove the charges. 

Sir, Labour court after writing order that inquiry is set aside Management to adduce evidence. While going through file for issues remaining issues, termination is illegal opw and case is maintain able opm and relief date 9-05-2017 for work man evidence

It is advisable to consult your lawyer as he is the one who is practically familiar with your case/ situation. If you do not have a lawyer, may be you should consult some with all documents/ papers/ orders of the tribunal etc. Online forums have its limitation hence, not practically possible to get all advice.

Once court holds that the enquiry is defective and favours preliminary issue in the favour of workman, then the court has two options:  If the management sought to lead fresh evidence in respect of charges, in its written statement,the court would give the opportunity to management to bring fresh evidence.  And after management brings its evidence, the workman also will be given opportunity to lead fresh evidence to prove his innocence.  If the management did not seek such request in its written statement, the labour court will quash the termination letter and reinstate the workman with full back wages.

Sir,

I am obliged by your reply and information.

In my case there were 4 preliminary issues

1. whether inquiry was unfair opw

2. whether termination is illegal

3. whether the case is maintainable (juridiction) opm

4 relief

first issue is decided in workman favour by proving inquiry is defective

and labour court has adjourn case for remaing issues 

and then given opportunity to management to adduce evidence on misconduct

My query is 

1. Did labour court commited error

2.How can termination be proved illegal once inquiry is defective

3.How can I proceed as this is now more than decade old case.

Just because enquiry was defective does not necessarily mean that the termination was illegal. Enquiry can be found defected due to various reasons including violation of principle of natural justice. 

 

Since the enquiry is vitiated, Court will provide the managment chance afresh to produce evidence in order to prove the charges.

 

I do not find any irregularity in it. 

 

You have raised very, very valid question.  The crucial things is that whether the management asked in its written statement that if the enquiry will be held as defective while deciding the preliminary issue, it should be given opportunity to lead fresh evidence to prove the charges.  If the management put such a prayer, then labour court is right to give opportunity to the management to bring fresh evidence.  If the management has not put such a prayer, then as per the constitutional bench judgement, the management has no right to bring fresh evidence.  It means, the labour ccourt once holds the enquiry is defective, it shall decide the preliminary issue in favour of workman and also later on decide all the issues in favour of workman and labour court has no option.  So, the crucial thing is whether the management put such a prayer as said above in written statement.  If it did not put such a prayer, and even then labour court gives opportunity to the management to lead fresh evidence, you have to approach the High Court against such order with the assistance of constitutional bench judgment,  which is - Lakshmidevamma Vs. State of Karnataka.

Sir,

Whether termination in retaliation to the criminal complaint by workman of his disciplinary authorty or senior manager  for manhandling is legal.