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SANDEEP V. MARNE
Mallikarjun Dhullappa Rajmane – Appellant
Versus
Divisional Controller – Respondent
JUDGMENT:
1. By the present petition, Petitioner has challenged the Award dated 27 June 2016 passed by the Labour Court, Solapur in Reference (IDA) No. 23 of 2015 to the extent of non-grant of backwages upon reinstatement of Petitioner w.e.f. 8 June 2011. Petitioner is working on the post of Driver with the Respondent-Transport Corporation since the year 1985 consequent to disciplinary proceedings held on the charge of absence from duty, the Respondent-Corporation imposed the penalty of dismissal from service on the Petitioner w.e.f 8 June 2011. At the instance of the Petitioner, Reference was made to the Labour Court, Solapur and numbered as Reference (IDA) No. 23 of 2013. Petitioner fled Statement of Claim in the Reference which was resisted by the Respondent-Corporation by fling its reply. The Labour Court has rendered Part-I Award on preliminary issues on 11 June 2016 holding that the Departmental Enquiry was legal, fair and proper and that the findings were not perverse. Petitioner examined himself as a Witness. The Respondent-Corporation did not examine any witness. The Labour Court thereafter proceeded to deliver Part-II Award dated 27 June 2016 and has held that the penalty
workman has retired from the services and, therefore, whatever benefit is available to the workman, after her retirement, needs to be granted to her due to the order of reinstatement with continuity ....
The main legal point established is that reinstatement with continuity of service and backwages is the normal rule in cases of wrongful termination of service, subject to various considerations.
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.
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