On the ground of stealing some property of the employer by the workman and as the stolen property was recovered by the police from the house of the workman and he was convicted in the court, and he was dismissed from undertaking. His dismissal was challenged by the worker on the ground that no domestic enquiry was conducted. Decide

Facts of the Case

A workman employed in an industrial undertaking was accused of stealing property belonging to the employer. The stolen property was recovered by the police from the workman’s residence, and he was convicted in a court of law. The employer dismissed the workman from service. The workman challenged the dismissal, arguing that no domestic enquiry was conducted before termination, claiming violation of principles of natural justice and statutory safeguards under Indian labour law.

Issues in the Case

1. Whether an employer can dismiss a workman solely on the basis of a criminal conviction without conducting a domestic enquiry.
2. The applicability of the principle of natural justice in disciplinary proceedings.
3. The legal requirement of a domestic enquiry before dismissal under the Industrial Employment (Standing Orders) Act, 1946.

Legal Principles Covered to Support Case Proceedings and Judgements

• Industrial Employment (Standing Orders) Act, 1946 mandates adherence to standing orders and principles of natural justice before dismissing a workman.
• Courts have held that even when a workman is convicted of theft, the employer must conduct a domestic enquiry to provide a fair opportunity to defend against allegations.
• Domestic enquiry ensures procedural fairness and protects the workman’s statutory and employment rights.
• Failure to conduct a domestic enquiry may render dismissal illegal or voidable, despite a criminal conviction.

Possible Judgement

The dismissal may be quashed by the Labour Court due to non-compliance with domestic enquiry requirements, as procedural fairness is a statutory and legal obligation. The court may direct:

• Reinstatement of the workman with or without back wages, depending on circumstances.
• In some cases, the court may uphold dismissal if evidence overwhelmingly proves misconduct, but procedural lapses may still lead to compensation instead of reinstatement.

About Lawgnan

Even when criminal misconduct is proven, employers must follow domestic enquiry procedures to ensure dismissal is lawful. Skipping procedural safeguards can render dismissal voidable, exposing the employer to legal challenges. Workmen should be aware of their right to a fair hearing under the Industrial Employment (Standing Orders) Act, 1946. Timely legal advice can help both employees and employers navigate disciplinary proceedings, avoid disputes, and ensure compliance with labour laws. Visit lawgana.in for expert guidance on domestic enquiries, employee rights, dismissal disputes, and industrial law compliance to protect your legal and employment interests effectively.