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Labour & Industrial LawSupreme Court of India

Kurukshetra University v. Prithvi Singh

Civil Appeal · 2018 INSC 143Decided 15 Feb 2018
Civil Appeal No. 3585 of 2008
Justice R.K. Agrawal · Justice Abhay Manohar Sapre

Background

Prithvi Singh, a daily-rated Security Guard at Kurukshetra University, was found guilty of misbehaving with a woman research scholar after a departmental enquiry, and his services were terminated in 2000. The State referred the matter to the Labour Court under the Industrial Disputes Act, which held the termination illegal and set it aside, a decision later upheld by the Punjab & Haryana High Court. The University appealed to the Supreme Court by special leave; the respondent did not appear despite notice.

Decision Breakdown

The Supreme Court held that both the Labour Court and the High Court had erred in law. The Labour Court should first have framed and decided a "preliminary issue" on whether the domestic enquiry was legally and properly conducted, and only if it found the enquiry defective should it have then given the employer a chance to prove the misconduct by leading fresh evidence. The Court also held that since the termination was imposed as a punishment following a disciplinary enquiry, it could never be treated as "retrenchment" under Section 2(oo) of the Industrial Disputes Act, so the Labour Court's finding of "illegal retrenchment" was wrong. The appeal was allowed, the High Court's judgment and the Labour Court's award were set aside, and the matter was remanded to the Labour Court to decide the reference afresh, giving the University an opportunity to lead evidence on the misconduct charge.

Lesson Learnt

A departmental/domestic enquiry's termination of an employee for misconduct is a dismissal "by way of punishment," not a "retrenchment": courts and tribunals must first test the fairness of the enquiry itself before deciding whether the employer can prove the charges independently.

Kurukshetra University v. Prithvi Singh – Legal Case Shots | LegalAware