Can delinquent Workman go to labour court before any award given by management in expectation of unfavorable decision while domestic enquiry is proceeding, not completed. Is there any case or court decision similar to this situation ? I suggested them to conduct and complete domestic enquiry & award as per finding.
From India, undefined
95From India, undefined
There is no direct case law for the situation you pointed out. However the following citation can reply your question:-
. In Spadigam v. State of Kerala reported in [1970-I L.L.J. 718] Mathew, J. as he then was, has dealt with this question elaborately and has held as follows :-
"A Criminal Court acquitting an accused on the merits of a case would not bar disciplinary proceedings against him on the basis of the same facts."
The learned Judge expressing his inability to agree with the Division Bench of this Court, has observed as follows :- at para 7 of [1970-I L.L.J. 718] "I do not think that judgment of a Criminal Court acquitting an accused on the merits of a case would bar disciplinary proceedings against him on the basis of the same facts, or that the judgment would operate as conclusive evidence in the disciplinary proceedings. The reason for it is not far to seek. A Criminal Court requires a high standard of proof for convicting an accused. The case must be proved beyond reasonable doubt. The acquittal of an accused by a Criminal Court only means that the case has not been proved against him beyond rea
. In Spadigam v. State of Kerala reported in [1970-I L.L.J. 718] Mathew, J. as he then was, has dealt with this question elaborately and has held as follows :-
"A Criminal Court acquitting an accused on the merits of a case would not bar disciplinary proceedings against him on the basis of the same facts."
The learned Judge expressing his inability to agree with the Division Bench of this Court, has observed as follows :- at para 7 of [1970-I L.L.J. 718] "I do not think that judgment of a Criminal Court acquitting an accused on the merits of a case would bar disciplinary proceedings against him on the basis of the same facts, or that the judgment would operate as conclusive evidence in the disciplinary proceedings. The reason for it is not far to seek. A Criminal Court requires a high standard of proof for convicting an accused. The case must be proved beyond reasonable doubt. The acquittal of an accused by a Criminal Court only means that the case has not been proved against him beyond rea