Back
SANDEEP V. MARNE
Managing Director, Maharashtra State Cooperative Marketing Federation Ltd. – Appellant
Versus
Dilip S/o Manga Choudhari – Respondent
JUDGMENT :
SANDEEP V. MARNE, J.
1. Rule. Rule is made returnable forthwith. With the consent of the parties, called out for final hearing. Mr. Shrikant S. Patil, the learned Counsel waives notice on behalf of respondent.
2. These petitions are filed by the Maharashtra State Co-operative Marketing Federation Ltd challenging the judgment and order dated 16.02.2017 passed by the Labour Court, Dhule in Complaint (ULP) No. 30 of 2010 and judgment and order dated 19.04.2018 passed by the Industrial Court, Dhule in Revision Application (ULP) No. 8 of 2017. The Labour Court, in complaint filed by respondent challenging the penalty of dismissal from service, had passed Award-I on 01.07.2016 holding that the domestic enquiry was just, fair and proper and that the findings recorded by the Inquiry Officer were not perverse. The Labour Court later passed Award-II dated 16.02.2017 setting aside the dismissal order on the ground of the same being shockingly disproportionate to the misconduct alleged and directed payment of 50% back-wages. Both petitioners as well as respondent were aggrieved by the order of the Labour Court. Respondent filed Revision Application (ULP) No. 15 of 2017 challenging both
The main legal point established in the judgment is the requirement for the Disciplinary Authority to follow the principles of natural justice and the procedure required to be followed before disagre....
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.
Dismissal based on unproved allegations is inappropriate, and failure to pay legal dues is condemned.
The power of judicial review, of the Constitutional Courts, is an evaluation of the decision-making process and not the merits of the decision itself. It is to ensure fairness in treatment and not to....
The court emphasized the importance of proving charges based on evidence and admission, and justified the penalty of dismissal while considering the respondent's reinstatement and service till supera....
Misconducts - Award Modified - Workman was earning by plying rickshaw since his dismissal i.e. from 1990, appropriate relief may be moulded in favour of workman by tilting balance -Workman be paid re....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
