Labour Law

Domestic/Departmental enquiry

— Enquiry report — Appreciation of evidence — Standard of proof — Held, standard of proof in a domestic enquiry is <169>preponderance of probability<170> and not proof <169>beyond reasonable doubt<170> — In the present case, checking squad submitting reports to the effect that on three different occasions the delinquent driver of State Road Transport Corporation had failed to comply with the checking squad's signal to stop the bus for checking and had gone away — Enquiry officer holding him guilty and disciplinary authority terminating his services — Labour Court finding that the delinquent driver had failed to prove any enmity on the part of the checking squad — In such circumstances, held, Labour Court committed serious illegality as well as jurisdictional error in interfering with the finding of guilt recorded by the enquiry officer and the consequential order of termination passed by the disciplinary authority as confirmed by the appellate authority, (2006) 7 SCC 180-A

Labour Law

Reinstatement/Back wages/Arrears

— Back wages — Entitlement to back wages, held, not automatic on reinstatement — The entire factual scenario and the principles of justice, equity and good conscience should be kept in view to determine the question of entitlement to back wages — In the present case, delinquent driver of State Road Transport Corporation found guilty of defying on three different occasions the signal of checking squad to stop the bus for checking — Domestic enquiry into the said charge culminating in termination of service — Labour Court on reappraisal of evidence holding that charges were not proved — Accordingly, it directing reinstatement with continuity of service and back wages — High Court upholding that order — Supreme Court admitting the Corporation's appeal only to the extent of the question of back wages — Past record of the delinquent driver showing that 30 long years ago his service had been terminated and that although he was taken back and given a chance to improve, he had not shown any improvement and that even prior to the present case he had been warned at several occasions — In such circumstances, although leaving part of the order of Labour Court directing reinstatement undisturbed, its direction for payment of back wages, held, not sustainable, (2006) 7 SCC 180-B

Constitution of India

— Art. 136 — Effect of grant/dismissal of SLP — Scope of appeal at stage of final disposal — Issues at large — Labour matters — Appeal challenging the order of reinstatement with back wages passed by Labour Court — Supreme Court issuing notice on the limited question of back wages — In such circumstances, although operative order passed only on the point of back wages and part of the impugned order directing reinstatement left on facts undisturbed, legality thereof discussed in detail showing that the Labour Court had erred in interfering with the finding of guilt recorded by the enquiry officer and the consequential order of termination passed by the disciplinary authority -, (2006) 7 SCC 180-C