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MILIND N. JADHAV
Dattaprasad Narayan Kulkarni – Appellant
Versus
Auchtel Products Ltd. – Respondent
JUDGMENT :
1. Heard Mr. Koregave, learned Advocate for Petitioner.
2. This Writ Petition is filed under the provisions of Articles 226 and 227 of the Constitution of India to challenge the impugned common judgment dated 01.04.2017 passed by the learned Industrial Court No.1, Maharashtra at Kolhapur in Revision (ULP) Nos.90 of 2014 and 131 of 2014.
3. Revision Applications were filed under Section 44 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (for short “MRTU and PULP Act”) by both parties to challenge the judgment and order dated 30.04.2014 passed by the learned Labour Court, Ratnagiri in Complaint (ULP) No.66 of 2001, wherein a mixed verdict was given by the Labour Court, inter alia, in respect of unfair labour practice having been committed by Respondent – Company and in pursuance thereof a direction was given to the Company to reinstate the Petitioner and pay Rs.60,000/-as lumpsum compensation to Petitioner in lieu of denial of back wages by the Petitioner. Company filed Revision Application No. 90 of 2014 for setting aside the findings and judgment of the Labour Court in respect of declaration of unfair labour practice, quash
The termination of an employee for chronic absenteeism and unauthorized absence can be justified if the enquiry proceedings are legal and proper, and the employee's denial of back wages is not sympat....
The court established that an employee's admission of misconduct during an enquiry, coupled with a history of repeated violations, justifies termination, provided that the enquiry adheres to principl....
The authority to impose punishment in disciplinary proceedings and the doctrine of proportionality were influential in the court's decision.
Unauthorized absence must be proven as wilful misconduct by the Management; failure to do so invalidates termination.
Discretion under Section 11-A must be exercised judiciously; compassion cannot be the basis for modifying penalties in labor disputes involving misconduct.
Unauthorized absence due to illness can be justified under compelling circumstances, affecting the severity of disciplinary action imposed.
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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