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G. S. PATEL, GAURI GODSE
Awadesh Singh Yadav – Appellant
Versus
Labour & Enforcement Officer – Respondent
JUDGMENT :
Gauri Godse, J.
1. The Letters Patent Appeal No. 270 of 2009 challenges Judgment and Order dated 18th August 2009 passed by the learned Single Judge in Review Petition No. 86 of 2009 in Writ Petition No. 2791 of 2009 (“the review order”). Appellants in this Letters Patent Appeal–Awadesh Singh Yadav and others (“the workmen”) are the original Petitioners.
2. By Judgment and Order dated 24th April 2009 passed in Writ Petition No. 2791 of 2009 (“Order in Writ Petition”), the Learned Single Judge set aside the approval granted by the Respondent No. 1 in the Writ Petition (“the Conciliation Officer”) under Section 33(2)(b) of the Industrial Disputes Act, 1947 (“the said Act”) to the order of dismissal of the workmen. In paragraph 16 of the Order in Writ Petition, it was observed that since the matter is being referred by the Regional Deputy Commissioner (Respondent No. 3 in the Writ Petition) (“the Deputy Commissioner”) to the Industrial Court, all the other questions were kept open and the employer was held entitled to prove the alleged misconduct to the Industrial Court by leading evidence. The workmen filed the Review Petition seeking clarification regarding observations in p
The court upheld the reinstatement with continuity of service and benefits but denied backwages due to evidence of the workman's income.
The burden of proof lies on the employer to establish the voluntary nature of the workman's resignation, and the court emphasized the principles governing the payment of back wages.
Section 17 B of I.D.Act reads as payment of full wages to workman pending proceedings in higher courts.
The Labour Court must first determine the validity of domestic enquiry before evaluating evidence presented for dismissal in industrial disputes.
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