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SANDEEP V. MARNE
Bosch Limited – Appellant
Versus
Bosch Employees Union – Respondent
JUDGMENT :
(Sandeep V. Marne, J.) :
1) Petitioner-employer has filed this petition challenging the Award dated 13 December 2023 passed by the Presiding Officer, First Labour Court, Nashik in Reference (IDA) No. 9 of 2004. The Labour Court has answered the Reference partly in the affirmative and has directed that the members of the Respondent-Company Shri. R.R. Kanade and Shri. S.S. Pagar are entitled for reinstatement with continuity of service from 20 January 2003 without any backwages. Petitioner is accordingly directed to reinstate the said two workmen with continuity in service from 20 January 2003.
2) Petitioner is a Company engaged in manufacturing of fuel injection equipment, such as nozzles, nozzle holders, elements etc. It has registered office at Bengaluru and factories at Bengaluru, Nagnathpur, Jaipur and Nashik. Respondent is a registered union of workmen employed with the Petitioner. On 29 September 2002, an employee of the Petitioner, Mr. S.R. Chavan suffered cardiac arrest and collapsed at Petitioner’s Nashik factory. According to Petitioner, Mr. Chavan was a heart patient for a long time and had undergone a coronary bypass surgery in June 2001 and had reported for dut
Proven misconduct does not automatically justify termination; the punishment must be proportionate and free from victimization.
Labour law – Reinstatement - Granting of relief of reinstatement after such a long gap will not serve any purpose and, therefore, this Court is of the view that if the order to grant compensation
Dismissal without a proper inquiry is unjustifiable; individual misconduct must be proven for disciplinary action, affirming the right to strike as a legitimate demonstration.
The court upheld the Labour Court's ruling that the dismissal of the workman was disproportionate to the misconduct proven, awarding compensation instead of reinstatement.
The main legal point established in the judgment is that the employer must follow the relevant provisions of the I.D. Act before terminating the service of an employee, and failure to do so may entit....
The court emphasized the need for proper inquiry under the Industrial Disputes Act, affirming that wrongful termination without due process warrants reinstatement with continuity of service and back ....
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 ....
Once violation of Sections 25(F), (G) and (H) of the Industrial Disputes Act is established, reinstatement should follow, as per the decision in Gauri Shanker vs. State of Rajasthan.
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