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REKHA PALLI
Ircon International Limited – Appellant
Versus
Ashit Saha – Respondent
JUDGMENT
Rekha Palli, J. (Oral)
1. The present petition, preferred by the management, under Article 226 and Article 227 of the Constitution of India seeks to assail the award dated 23.11.2021 passed by the learned Labour Court in LC No.922/2016. Vide the impugned award, the learned Labour Court has directed the petitioner to pay to the respondent a sum of Rs.20,00,000/- towards the amount payable to him in satisfaction of the award dated 10.12.1999, which award has attained finality.
2. The brief undisputed factual matrix as emerging from the record is that the respondent, who was working as a French Translator with the petitioner from 05.02.1982, was retrenched on 31.07.1990. Being aggrieved by his retrenchment, which he perceived to be illegal, the respondent raised an industrial dispute which was referred for adjudication to the Labour Court on 08.01.1993. Based on the evidence led by the parties, the learned Labour Court passed an award on 10.12.1999 holding therein that the retrenchment of the respondent from service was illegal and unjustified. The respondent was consequently directed to be reinstated with continuity of service and full back wages, which amount was to be pa
Employees must actively pursue reinstatement post-award; however, employers' refusal to act can diminish employees' obligations to report for work.
If the Labour Court does not specifically deny continuity of service, the concerned worker is entitled to it.
The court emphasized that a delay in seeking relief under Article 226 without sufficient explanation is a ground for dismissal, limiting the High Court's re-evaluative powers in disciplinary matters.
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