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Stanzen Links (India) Ltd. – Appellant
Versus
H. V. Nagesha S/o Shri Venkatappa – Respondent
ORDER :
1. The petitioner-employer is before this Court seeking for quashing of the awards dated 21.12.2019 passed by the I Addl. Labour Court, Bengaluru in I.D. Nos. 101, 90, 35, 64, 98, 76, 88, 108, 63, 103, 53, 17, 361, 73, 24, 12, 55, 71, 65, 27, 37, 30, 69, 39 and 105 of 2016.
2. In all the above matters, the petitioner is the employer, 1st respondent is the workman and 2nd respondent is stated to be the purchaser of the business of the petitioner.
3. The petitioner is stated to have begun the business on 12.04.1981 as a partnership firm manufacturing motor core laminations using power presses catering mainly to customers manufacturing AC and DC Motors, Alternators and Generators. In the year 1998, the petitioner entered into a joint venture with Toyota Iron Works, Japan and began the supply of automobile components to Toyota Kirloskar and other Tier 1 Toyota Group companies.
4. The petitioner has been entering into settlements with the Union periodically, the last and relevant settlement being entered into on 29.10.2014 was valid up to 31.03.2017.
5. The petitioner started undergoing losses in the year 2012-13, which continued to increase over the passage of time i.e. 2013-14, 201
Point of Law : When termination of services is under Section 25FF of ID Act, there is no question of requirement of misconduct on part of workmen or issuance of a charge sheet or disciplinary enquiry....
The Management's transfer of workmen was ruled illegal due to violations of the Industrial Disputes Act during pending conciliation, affirming the Labour Court's authority to review such actions.
The court affirmed that a transfer of service is a lawful exercise of management's discretion and does not constitute termination unless explicitly stated in the employment contract.
Section 33C(2) is more comprehensive than Section 33C(1). Section 33C(2) applies not only to cases of settlement or award or cases under Chapter VA of the Act, but to other cases as well. By a proces....
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