Chamar Prabhuram Shantilal Vs Murugappa Morgan Thermal Ceramic Ltd. & Anr. (Gujarat High Court)
In the case of Chamar Prabhuram Shantilal vs Murugappa Morgan Thermal Ceramic Ltd., the Gujarat High Court dealt with a petition filed under Articles 226 and 227 of the Constitution of India, challenging the award passed by the Labour Court, Kalol, in Reference T.(L.C.) Case No. 27 of 2019. The petitioner, Chamar Prabhuram Shantilal, sought reinstatement to his original post with continuity of service and back wages, following his dismissal due to alleged misconduct. The misconduct alleged involved suppressing material facts in the application for employment. Specifically, the petitioner failed to mention his apprenticeship in Ford India and falsely represented his employment status as permanent in the company. The Labour Court had earlier dismissed the reference, which led to this petition before the Gujarat High Court.
The petitioner’s main contention was that the inquiry conducted by the respondent was flawed, as it did not comply with the provisions of the Industrial Disputes Act. He argued that the Labour Court had erroneously dismissed his claims and that the inquiry had not been fair, violating principles of natural justice. In support, he referenced the Supreme Court decision in Mavji C. Lakum vs. Central Bank of India, which discusses the proportionality of punishment and judicial review of domestic inquiries. However, the High Court found that the petitioner’s misconduct, involving the suppression of significant information at the time of employment, was serious enough to justify dismissal. The court further concluded that the Labour Court had appropriately considered the facts and legal provisions, including Section 11(A) of the Industrial Disputes Act, and had rejected the claim after a thorough examination of the evidence. Consequently, the High Court dismissed the petition, confirming the Labour Court’s decision, as there was no illegality or perversity in the award.
