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BIREN VAISHNAV
Tata Chemicals Ltd. – Appellant
Versus
Soma Bhima – Respondent
JUDGMENT :
1. By way of this Petition under Article 226 and 227 of the Constitution of India the Petitioner has challenged the Award of the Labour Court Jamnagar dated 6.1.2006 passed in Reference (LCJ) No.470 of 1991 granting reinstatement with 50% back-wages to the Respondent Workman.
FACTS:
2. The Petitioner is a Company incorporated under the Companies Act, 1956 engaged in the manufacture of soda ash, salt and other chemicals. The Respondent workman was working in the Foundary Department of the Factory of the petitioner.
3. On 18.4.1991 at around 7.15 pm the workman alongwith 2 to 4 other workmen assaulted one Punja Naran with a knife causing him grievous injury. After recording preliminary statements of various persons a charge sheet was issued to the respondent workman on 23.4.1991.
4. Pursuant to the Charge Sheet a departmental inquiry was conducted. In the Departmental Inquiry one D.S.Bath, Security Officer, Shri Babulal Chhotalal, Warden and Shri Nagajan Sajan were examined as witnesses and after conclusion of the Inquiry a report was submitted on 26.4.1991 in which charges levelled against the respondent were held to be proved. The Respondent was dismissed from service by an o
Misconducts - Award Modified - Workman was earning by plying rickshaw since his dismissal i.e. from 1990, appropriate relief may be moulded in favour of workman by tilting balance -Workman be paid re....
Point of Law : Satisfaction under Section 11-A, about the guilt or otherwise of the workman concerned, is that of the Tribunal. It has to consider the evidence and come to a conclusion one way or oth....
Stage for interference under Section 11-A by the Tribunal is reached only when it has to consider the punishment after having accepted the finding of guilt recorded by an employer.
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.
Labour Courts must refrain from re-evaluating evidence after confirming the fairness of a disciplinary inquiry; interference is only permissible when findings are perverse or lack evidence.
The dismissal of workmen based on a domestic enquiry must be justified, and the impact of acquittal in a criminal case on the charges in the domestic enquiry should be considered. Additionally, the a....
The Labour Court cannot interfere with the punishment order if the departmental inquiry is fair and proper.
In cases of wrongful termination, reinstatement with continuity of service and full back wages is the standard ruling, subject to specific considerations.
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