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IN THE HIGH COURT AT CALCUTTA
SHAMPA DUTT (PAUL)
Gloster Limited – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Shampa Dutt (Paul), J.
1. The present writ application has been preferred challenging the award dated November 13, 2024 as passed by the Respondent Tribunal in Case No. 05/2015 under Section 2A(2) and the impugned Publication order dated December 03, 2024.
2. The petitioner's case in short is that the petitioner has a Jute Mill at the address given in the cause title and employs about 4500 employees presently, wherein the concerned workman had been appointed initially to operate the Boat, owned by the petitioner, which was being used to ferry the employees and persons connected with its Jute Mill, across the Hooghly river.
3. The said ferry service of the Boat has been stopped permanently w.e.f. 20th February, 2014. Still the petitioner/company as a good gesture kept the concerned workman in its employment instead of retrenching him and provided him an alternative job of a Calendar Operator in the Finishing Department of its Jute Mill, after giving him sufficient training. The concerned workman too gave his consent and accepted his new assignment after duly completing his training without any demur or protest.
4. It was then found from the computerized attendance records that
The absence of disciplinary procedure prior to termination violated natural justice, but evidence indicated the employee abandoned his service, justifying the writ application to set aside the tribun....
The main legal point established in the judgment is the requirement to prove the contents of documents by primary evidence or secondary evidence under Sections 61 and 65 of the Evidence Act.
The termination of an employee without due process is illegal, and the burden of proof lies with the employer to substantiate claims of non-employment.
The court established that procedural fairness is essential in disciplinary inquiries, and failure to adhere to this can render dismissals invalid.
The illegal refusal of employment by the management necessitated compensation for the workman, underscoring the employer's burden to prove any contrary claims.
The termination of employment must be in accordance with the principles of natural justice, and compensation may be awarded in lieu of reinstatement depending on the circumstances.
Termination without due process violates principles of natural justice, necessitating notice and inquiry; compensation awarded due to managerial failure to follow procedure.
The court affirmed that a domestic enquiry must adhere to principles of natural justice, including the service of charge-sheets, and modified the award to grant only 50% back wages due to lack of evi....
The burden of proof lies with the claimant to establish continuous employment and violation of labor laws, and mere non-production of documents by the employer may not suffice to prove the claim.
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