Madho Singh v. M/S Super Bazar the Co-Operatiove Store Ltd

S. RAVINDRA BHAT, J

SUNIL GAUR, J AUGUST 23, 2017 kks

* IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on: 23.08.2017 + LPA 604/2016 & CM No.40875/2016 MADHO SINGH ..... Appellant Through: Mr. Anuj Aggarwal and Ms. Aarushi Agarwal, Advs. versus M/S SUPER BAZAR THE CO-OPERATIVE STORE LTD ..... Respondent Through: Ms. Monika Garg, Adv. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE SUNIL GAUR MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT) % 1. The appellant is aggrieved by a judgment of the learned Single Judge who had rejected his petition under Article 226 of the Constitution of India and upheld the award of the Labour Court dated 26.10.2015 heard upon a reference. The decision was preceded by an order dated 07.10.2015, on a preliminary issue as to whether the inquiry conducted before the appellant's dismissal was in accordance with the principles of natural justice. 2. The appellant was charge sheeted for a misconduct i.e. allegation of theft and subsequently found guilty of the charges. His grievance – which formed the subject matter of the reference in the Labour Court was that the management did not, before removing him from service vide order dated 06.07.1992, supply him with a copy of the enquiry report that had held the charges to have been proved. Apparently, the enquiry report and the removal order were served together upon him. The appellant's complaint of violation of principles of natural justice was on two accounts i.e. failure to give sufficient opportunity by way of engaging a defense assistant and the substantive part of denial of natural justice on account of failure to supply the enquiry report. It was urged that if the enquiry report had been furnished, the appellant could have possibly pursued the management either not to award the penalty of removal, or award a lesser penalty. 3. Both the Labour Court and the learned Single Judge concurrently have held that the complaint with respect to denial of natural justice is unfounded. 4. It is argued on behalf of the appellant that the grievance with respect to omission to supply the copy of the enquiry report had been made from inception and even taken in the appeal. The learned counsel took the Court through the contents of the appeal made to the concerned authority of the Super Bazar where the workman/appellant had clearly complained that opportunity of representation against the removal order had not been given. It was urged furthermore that the rulings in Union of India v. Mohd. Ramzan Khan (1991) 1 SCC 588 and Managing Director, ECIL, Hyderabad & Ors. v. B. Karunakar & Ors. (1993) 4 SCC 727 are clear that where a domestic inquiry is held, the delinquent employee has to be furnished with the adverse report before an adverse disciplinary order is made and that if this procedure is not followed, the principles of natural justice are deemed to have been violated. Learned counsel for the Official Liquidator submitted that the appellant was in the know about the enquiry report as can be inferred from the appeal where he did not take a clear position about the non-supply of the report (since the Super Bazar has since been directed to be wound up). Learned counsel urges that the appellant/workman was in the know about the contents of the enquiry report as is evident from the appeal itself and that the latter does not articulate a specific grievance with respect to the document not being furnished. The judgment in B. Karunakar (supra) states as follows: "30. Hence the incidental questions raised above may be answered as follows: [i] xxxx xxxx xxxx [ii] xxxx xxxx xxxx [iii] xxxx xxxx xxxx [iv] In the view that we have taken, viz., that the right to make representation to the disciplinary authority against the findings recorded in the enquiry report is an integral part of the opportunity of defence against the charges and is a breach of principles of natural justice to deny the said right, it is only appropriate that the law laid down in Mohd. Ramzan case should apply to employees in all establishments whether