The High Court noted that it is well-settled that issues of jurisdiction go into the heart of legal matters and, therefore, can be raised at any stage of proceedings.
The judge further noted that the labour court had not recorded proper reasons as to why the order dismissing the employee from service was not as per law, and that it had gone about in a ‘perfunctory‘ manner.
He added that the labour court will have to decide on whether the domestic enquiry against the employee was fair and proper.
“If however, the Labour court does not find any infirmity in the proceedings of the domestic enquiry, then the order of penalty can only be examined on the touch stone of proportionality of the punishment,” the High Court further observed.
Source: Barandbench
