THE STATE OF UTTARAKHAND v. SURESHWATI INSC 34

Name of the case The State Of Uttarakhand vs Sureshwati

Facts : • The respondent was initially engaged as an Assistant Teacher in Jai Bharat Junior High School from July 1993 to May 21, 1994. • The appellant claims that the respondent abandoned her service as a clerk in the School since July 1, 1997, after getting married and moving to Dehradun. • An ex parte award was passed by the Labour Court in favor of the employee on February 5, 2010. • The award was challenged before the High Court in Writ Petition No. 1853 of 2010. • The Labour Court permitted the parties to lead detailed evidence on remand. • The respondent admitted getting married in May 1997 and residing in Dehradun. • The appellant refuted the allegations made by the respondent and engaged a new clerk in 2002. • The respondent failed to produce evidence of her termination on March 8, 2006.

Issue: Whether the High Court erred in reversing the award passed by the Labour Court and directing reinstatement of the respondent?

Holding: The supreme court allowed the appeal and set aside the Judgment of the High Court. The Award dated 22.8.2016 was restored. There will be not Order as to Costs. Pending applications, if any, are accordingly disposed of.

Rationale: The Supreme Court found that the High Court erred in reversing the award without considering the evidence presented by the appellant. The Court held that the employer should have the opportunity to justify the dismissal or discharge of a workman before the Labour Court by leading evidence. The Court further stated that a defective enquiry is equivalent to no enquiry, and the Tribunal must reappraise the evidence for itself to determine if misconduct is proved. Based on the evidence presented, the Court held that the appellant had established that the respondent had abandoned her service and failed to prove that she had worked for 240 days prior to her alleged termination. Therefore, the Court allowed the appeal and restored the award of the Labour Court.