Case Note & Summary
The Writ Appeal was filed by the appellant-Union against the dismissal of their writ petition by the Single Judge, which upheld the Labour Court's decision that the fairness of domestic enquiry was res judicata. The dispute involved the dismissal of three workmen by the respondent-Management, who had obtained approval under Section 33(2)(b) of the Industrial Disputes Act, 1947 from the Industrial Tribunal after a finding that the domestic enquiry was fair. Subsequently, the Union raised an industrial dispute under Section 10, but the Labour Court refused to re-examine the fairness issue, citing res judicata. The High Court affirmed that findings on fairness under Section 33(2)(b), after evidence, are binding and cannot be re-agitated in Section 10 proceedings, as they operate as res judicata. The appeal was dismissed, upholding the lower courts' decisions.
Headnote
The High Court of Karnataka at Bengaluru dismissed Writ Appeal filed by Appellant against the Respondent -- The appeal challenged the order of the learned Single Judge dated 08.07.2025 in W.P.No.31178/2019, which upheld the Labour Court's decision that the issue of fairness of domestic enquiry was barred by res judicata -- The Labour Court had held in Reference No.22/2011 that the fairness of domestic enquiry conducted against three workmen was already adjudicated by the Industrial Tribunal in proceedings under Section 33(2)(b) of the Industrial Disputes Act, 1947 (ID Act) -- The Industrial Tribunal had approved the dismissal orders after recording evidence and finding the enquiry fair and proper -- The Court held that findings under Section 33(2)(b) on fairness of domestic enquiry, after evidence, are binding and operate as res judicata in subsequent proceedings under Section 10 of the ID Act -- However, jurisdiction under Section 33(2)(b) does not extend to merits of findings or quantum of penalty, which must be adjudicated separately if raised -- The appeal was dismissed, confirming the Single Judge's order
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Issue of Consideration: Whether the finding recorded by the Authority in a proceeding under Section 33(2)(b) of the Industrial Disputes Act, 1947 on the issue 'Whether the domestic enquiry was fair and proper', operates as res judicata, in the subsequent proceedings before the Labour Court, challenging the penalty of dismissal?
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Final Decision
The High Court dismissed the writ appeal, upholding the Single Judge's order that the finding on fairness of domestic enquiry under Section 33(2)(b) operates as res judicata in subsequent proceedings under Section 10, and thus the Labour Court's decision was correct
