Procedural defects in domestic enquiries do not automatically render a dismissal illegal or unjustified

The workman, employed at Bharveli Mines, was transferred by the employer to a different division. The workman failed to report in the new posting and remained absent from duty for over three years. The employer conducted a domestic enquiry and dismissed the workman in 1997. The matter was referred to the Central Government Industrial Tribunal (“CGIT”), where the domestic enquiry was challenged. The CGIT ruled that the enquiry was invalid due to a defect in the authority issuing the charge sheet. Despite this, it allowed the employer to present additional evidence to substantiate the dismissal. The court considered the question whether an employer, after conducting a defective domestic enquiry, can lead fresh evidence before a labour tribunal to justify the termination of an employee. The Madhya Pradesh High Court considering the issue upheld the CGIT’s decision and dismissed the petition. It held that even if the domestic enquiry is found to be defective, the employer retains the right to present evidence before the tribunal to justify the dismissal. The Court emphasized that the primary aim of a labour tribunal is to resolve industrial disputes based on substance and not mere procedural technicalities.

The decision rendered in this LLR 166 (MP HC) strengthens the tribunal’s substantive role in industrial adjudication and prevents technical errors from being exploited to undo disciplinary action taken in good faith.