Delhi High Court directs labour courts to follow uniform practice

Delhi High Court directs labour courts to follow uniform practice

It was dealing with pleas filed by the management challenging a 2021 labour court order

The Delhi High Court has called for a uniform practice to be followed by the labour courts for deciding the validity of the domestic inquiry as a preliminary issue.

Justice Pratibha M Singh said that in case the issue was decided against the management, the management was then to be given an opportunity to lead the evidence supporting the termination of the workmen before the labour court.

"The present judgment be circulated to all the labour courts by the Registrar-General of this Court," the court directed.

The court was dealing with a clutch of pleas filed by the management challenging a 2021 labour court order whereby its application for framing an additional issue in the proceedings before the court and also for deciding the issue as preliminary, was partly allowed.

The respondents, working with the management, had been terminated after a disciplinary inquiry was held. The workmen challenged the termination before the labour court.

Since they were terminated after a proper internal inquiry held by the management, the latter seeking framing of a preliminary issue in respect of the validity and legality of the inquiry, moved an application.

The management said that as per the settled legal position, the labour court ought to frame an issue in respect of the inquiry and thereafter treat it as a preliminary issue.

The court ruled, "It is accordingly directed that the issue shall now be adjudicated by the labour court in the first place and depending upon the outcome, the matter would proceed before the labour court, in accordance with the law."