VidhiSangh

Supreme Court of India · 15/02/2018

KURUKSHETRA UNIVERSITY versus PRITHVI SINGH

[2018] 2 S.C.R. 267 · 2018 INSC 143

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Summary

The Supreme Court remanded a security guard’s termination dispute because the Labour Court wrongly treated punishment for misconduct as retrenchment and failed to follow the procedure for examining a domestic enquiry and permitting proof of misconduct. The finding that the employee had worked 240 days was preserved. The University was to receive an opportunity to prove its pleaded misconduct before the Labour Court, with punishment then considered under Section 11-A.

Issues

  1. How the Labour Court should examine a defective domestic enquiry and an employer’s request to prove misconduct independently.
  2. Whether punitive termination could be treated as retrenchment.

Held

Result

Appeal allowed; High Court judgment and Labour Court award set aside to the indicated extent, preserving the 240-day finding. Reference remanded for evidence and fresh decision within three months after service of notice on the employee.

Judgment PDF: Supreme Court of India, [2018] 2 S.C.R. 267.