Termination without Inquiry is valid for illegal appointment: Supreme Court
Termination without Inquiry ?
The Hon’ble Supreme Court held that termination without inquiry is valid when appointment itself is illegal.
In such cases the protection of holding inquiry which is available for only legal appointment, cannot be applicable to such employee.
Industrial Dispute before Labour Court
The subject matter pertains to Industrial Disputes Act, 1947 and Termination of service of workman. .
The employee was daily wager and regularized as permanent employee as per the policy.
After sometime his regularization was annulled and the service of the employee was terminated from service.
Judicial Analysis by High Court
He challenged his Termination order before Labour Court which upheld the order of termination.
Thereafter, he filed writ petition before High Court. The Single Judge High Court set aside the order passed by Labour Court holding that before terminating the service of permanent employee, authority should have conducted an enquiry.
However, the management filed LPA before Division Bench of High Court which upheld the order of Single Judge.
Supreme Court Analysis
The management filed Civil Appeal before Hon’ble Supreme Court and the Supreme Court held that the Service rendered in pursuance of an illegal appointment or promotion cannot be equated to service rendered in pursuance of a valid and lawful appointment.
In this case the employee had secured regularization on the basis of interpolation in the final list of employees recommended for regularization.
When such an appointment is void ab-initio and termination thereof does not require disciplinary proceedings, therefore termination is justified.
Case title : Punjab Urban Planning And Development Authority & Anr. Vs. Karamjit Singh (2019 INSC 529)
Frequently Asked Questions
(a) In such case the protection of Article 311 of Constitution of India is not available ?
Ans. The protection of Article 311 of Constitution of India is availed for permanent employee appointed legally.
(b) If any employee do not participate in Inquiry Proceedings what will happen ?
Ans. Management can proceed with Ex-Parte Inquiry which may go against the employee and individual may loose his right of effective defense.
(c) If I do not know English, can I ask all the charges or proceedings in Hindi Language ?
Ans. It is your right, employee can ask charges and proceedings in Hindi Language or Disciplinary Authority can appoint translator for employee on his request.
(d) The Supreme Court held in many cases that there will be no termination without departmental inquiry then why this case is different ?
Ans. Because, such right of holding inquiry before termination is available for legal appointment not for illegal appointment.
Read More : Judicial Intervention in Disciplinary Proceedings.
Tags : Termination without Inquiry