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RAJA BASU CHOWDHURY
Bhaskar Ghosh – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Raja Basu Chowdhury, J.
1. The aforesaid writ petitions concern both challenge and implementation of the award dated 19th November, 2019 passed by the Learned 7th Industrial Tribunal, Kolkata in case no. 12 of 2012.
2. One, Bhaskar Ghosh (hereinafter referred to as the “workman”) had joined the services of the West Bengal Surface Transport Corporation (hereinafter referred to as the “Corporation”) as a driver vide letter of appointment dated 27th November, 2001. The appointment of the workman was confirmed by letter dated 21st December, 2002 and according to the said workman, he continued in service till 6th March, 2003.
3. Incidentally, on 6th March, 2003 at about 6.15 p.m. the workman, while driving a bus owned/managed by the Corporation met with a road accident with a private car (TATA Sumo) near the traffic signal of Belvedere Road, Alipore, adjacent to a Maruti Showroom. The accident ultimately, resulted in the death of an on-duty traffic constable of Kolkata Police. A criminal case was started against the workman and on 8th March, 2003, a traffic officer of the Corporation took custody of the driving license from the workman and had submitted the same before the Lal Ba
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....
In cases of wrongful termination of service, the employee is entitled to back wages unless the employer proves that the employee was gainfully employed during the relevant period.
The suppression of crucial evidence by an employer in disciplinary proceedings constitutes fraud, justifying the review of dismissal and entitlement to back wages.
The main legal point established in the judgment is the court's affirmation of the Labour Court's exercise of powers under the Industrial Disputes Act, considering the long service of the respondent ....
The court affirmed the Labour Court's discretion to modify punishment for misconduct based on mitigating circumstances, granting partial back wages despite serious transgressions.
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 employee who is refused employment without any cause is entitled to reinstatement and back wages.
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