Court Upholds Principles of Natural Justice, Dubs Termination as Arbitrary and Discriminatory; Orders Regularization of Long-serving Employees
In a significant judgment, the Patna High Court, presided by Justice Alok Kumar Sinha, has quashed the termination of daily wage employees of Magadh Mahila College, Patna University, who were dismissed for participating in a strike. The court termed the termination as stigmatic, arbitrary, and violative of the principles of natural justice, and ordered their reinstatement with consequential benefits.
The case, filed under Civil Writ Jurisdiction Case No. 18289 of 2015 and its connected case, revolved around the abrupt termination of eight employees following their participation in a strike from August 10 to September 9, 2015. The termination was ordered based on alleged telephonic instructions from the Vice-Chancellor, without any formal domestic inquiry or show-cause notice, which the court found procedurally unfair and lacking legal justification.
Justice Sinha emphasized that the termination was not only stigmatic, attributing misconduct without proper inquiry, but also amounted to retrenchment under the Industrial Disputes Act, 1947. The court highlighted the failure to comply with mandatory provisions of Section 25F and 25G of the Act, which require notice and adherence to the "last-come-first-go" principle in retrenchment, rendering the termination illegal and void ab initio.
The court also addressed the issue of regularization of these employees, who had been serving continuously for nearly two decades against sanctioned posts. The court noted the recommendations of the Senate Committee for Absorption, which favored regularization of such employees, and criticized the selective implementation of these recommendations by the university, which the court deemed arbitrary and discriminatory.
The judgment underscored that the principles of equality and fairness enshrined in Articles 14 and 16 of the Constitution were violated, as other similarly situated employees were regularized while the petitioners were not. The court directed the university to regularize the petitioners with effect from the date of filing the writ petition, thereby balancing administrative feasibility and justice.
The court's decision reinforces the importance of adhering to procedural fairness and the principles of natural justice in employment matters, particularly in cases involving long-serving daily wage employees. It also highlights the judiciary's role in rectifying arbitrary actions by public institutions and ensuring equitable treatment in public employment.
Bottom Line:
Termination of daily wage employees for participating in a strike is stigmatic and violates principles of natural justice when no proper domestic inquiry was conducted. Employees with long and continuous service against sanctioned posts have an equitable claim for regularization.
Statutory provision(s): Constitution of India, 1950 Articles 14, 16, and 21; Industrial Disputes Act, 1947 Sections 2(oo), 25F, and 25G; Patna University Act, 1976 Section 11; Constitution of India, 1950 Article 226
Madhwi Jha v. Patna University, (Patna) : Law Finder Doc Id # 2826643
