Back
RAJA BASU CHOWDHURY
Tamralipta Co-operative Spinning Mills Limited – Appellant
Versus
Sushil Mondal – Respondent
JUDGMENT :
RAJA BASU CHOWDHURY, J.
1. The writ application has been filed challenging the award dated 31th March, 2017, passed by the learned First Labour Court, West Bengal in Case No. 01 of 2013 under Section 2A(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act), which was published by the Government of West Bengal, Labour Department vide publication order dated 27th April, 2017, being annexure P-14 and P-15 herein, respectively. The petitioner is a Co-operative Society under the administrative control of the Government of West Bengal through the Department of Industry, Commerce and Enterprise, Government of West Bengal.
2. The respondent no. 1 was inducted as a trainee in the petitioner’s factory, since 31st July, 1993. Subsequently, he was absorbed in the service with effect from 13th August, 1995, on no work no pay basis.
3. By a memo dated 15th June, 2011, the respondent no. 1 was instructed to report in the “G” shift duty at the petitioner’s factory. The respondent no. 1, however, remained absent from duty on and from 16th June, 2011, without any in
An employee who is refused employment without any cause is entitled to reinstatement and back wages.
The main legal point established in the judgment is that in cases of wrongful termination of service, the employee must prove non-employment to claim back wages, and the employer has the burden to di....
The burden of proof of the employee's unemployment during the interregnum period lies with the employee, and the initial onus is on the employee to plead and prove that he was not gainfully employed.....
The workman has no right to claim back wages as of right only because the Court has set aside his dismissal order in his favor and directed his reinstatement in service.
The main legal point established in the judgment is that when a party has notice of the proceeding, the Tribunal is not obliged to issue any further notice or show cause prior to passing an ex-parte ....
The main legal point established in the judgment is the entitlement of a workman to reinstatement with full back wages under the Industrial Disputes Act, 1947, in cases of refusal of employment by th....
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.
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
