FAKIRBHAI FULABHAI SOLANKI versus PRESIDING OFFICER & ANR.

FAKIRBHAI FULABHAI SOLANKI versus PRESIDING OFFICER & ANR.

Denial of subsistence allowance to a suspended workman during the pendency of a s.33(3) application deprives him of a reasonable opportunity to defend himself before the Tribunal, violating principles of natural justice and vitiating any consequential orders passed against him.

Parties
Appellant: Fakirbhai Fulabhai Solanki; Respondents: Presiding Officer, Industrial Tribunal, Gujarat & Alembic Chemical Works Co. Ltd., Baroda
Jurisdiction
India
Judgment Date
08 May 1986
Procedural Posture
Civil Appeal / Appeal by Special Leave Under Article 136 of the Constitution From Order/award of Industrial Tribunal, Gujarat
Outcome
Appeal allowed. Order/award of Industrial Tribunal set aside. Management's application under s.33(3) dismissed; complaint under s.33A accepted.
Legal Topics
Suspension From Service, Subsistence Allowance, Principles of Natural Justice, Industrial Disputes Act S.33(3), Standing Orders, Reinstatement, Dismissal for Misconduct
Labour Law Administrative Law Suspension From Service Subsistence Allowance Principles of Natural Justice Industrial Disputes Act S.33(3) Standing Orders Reinstatement +1 more

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Parties

Fakirbhai Fulabhai Solanki

Appellant

Presiding Officer, Industrial Tribunal, Gujarat & Alembic Chemical Works Co. Ltd., Baroda

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave Under Article 136 of the Constitution From Order/award of Industrial Tribunal, Gujarat

Legal Issues

  1. 1 Whether denial of subsistence allowance during pendency of an application under s.33(3) of the Industrial Disputes Act, 1947 vitiates proceedings before the Tribunal for violating principles of natural justice
  2. 2 Whether suspension puts an end to relationship of master and servant
  3. 3 Whether right to subsistence allowance is implied in absence of a specific provision in Standing Orders

Ratio Decidendi

Denial of subsistence allowance to a suspended workman during the pendency of a s.33(3) application deprives him of a reasonable opportunity to defend himself before the Tribunal, violating principles of natural justice and vitiating any consequential orders passed against him.

Court Disposition

Appeal allowed. Order/award of Industrial Tribunal set aside. Management's application under s.33(3) dismissed; complaint under s.33A accepted.

Orders

  • Management is directed to reinstate the appellant in service with effect from the date of suspension (August 13, 1979) and pay him all wages and allowances due as if there was no break in service.