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PRASHANT KUMAR MISHRA, HRISHIKESH ROY
Municipal Commissioner – Appellant
Versus
Aparna Anil Kesarkar – Respondent
| Table of Content |
|---|
| 1. initial appointment details and complaint. (Para 3 , 4) |
| 2. industrial court decision on reinstatement. (Para 5 , 6) |
| 3. absorption of candidates and discrimination. (Para 7 , 8 , 9) |
| 4. unfair labor practices highlighted. (Para 10 , 11) |
| 5. decision on reinstatement and back wages. (Para 12 , 13 , 14) |
| 6. final order and closing of proceedings. (Para 15) |
ORDER :
Leave granted.
2. Heard Mr. C. U Singh, learned Senior Counsel appearing for the appellant- Municipal Corporation of Greater Mumbai, which is operating the K.E.M Hospital in Mumbai. Also heard Mr. B.H. Marlapalle, learned Senior Counsel appearing for the respondent.
3. The respondent was selected for the post of Laboratory Technician following the interview held on 12.01.1999 and was appointed by the Office Order dated 15.01.1999 (Annexure P1) issued by Director (M.E. & M.H.) K.E.M., Hospital. Her ad hoc appointment was initially for a period of six months or till the candidate for regular appointment becomes available. Admittedly, the appellant after her initial six months of appointment with one day break, was re-appointed in the same post on ad hoc basis by the order dated 17.07.1999 (Annexure P-2) for a further pe
Termination of an employee appointed through a proper selection process is an unfair labor practice, necessitating reinstatement and compensation if others in similar positions are reinstated.
When appointment was purely on contractual basis and on a fixed salary/honorarium, order of reinstatement with back wages was not warranted and instead if lump sum compensation is awarded in lieu of ....
Termination of a workman on a contractual basis may not constitute retrenchment if the employment is of a permanent nature, and unfair labor practices may warrant compensation instead of reinstatemen....
A workman terminated through unfair labor practices is entitled to reinstatement, especially when the employer misrepresents the status of operations.
In cases of wrongful termination of service, reinstatement with continuity of service and back wages is the normal rule, subject to considerations such as length of service, nature of misconduct, and....
The main legal point established in the judgment is that the termination of services was illegal and unjustified, and the principles of 'last come, first go' were not followed. The court also emphasi....
The main legal point established in the judgment is that in cases of illegal termination, reinstatement with backwages is the appropriate relief, considering the sustained unemployment of the employe....
A prolonged pattern of unauthorized absence can lead to an inference of voluntary abandonment of service without requiring a formal termination by the employer.
Appointment – Procedure as prescribed under relevant extant rules has to be followed.
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