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MAUNA M. BHATT
Executive Engineer - Uttar Gujarat Vij Company Ltd – Appellant
Versus
Patel Rasikbhai Rangabhai – Respondent
JUDGMENT :
1. Employer – Company has filed this petition challenging the award dated 01.05.2014 of Labour Court-Himmatnagar, in Reference (LCH) No.11 of 2012 wherein the petitioner was directed to reinstate the workman with continuity and without backwages.
2. Facts in brief as referred in the petition are as under :
2.1. Respondent No.1 – workman had joined the services with petitioner – Company as Apprentice lineman w.e.f. 04.01.1990. After appointment, he was transferred to various places. On 15.07.2008, he was served with the show-cause notice. Pursuant to the charge-sheet, the departmental inquiry was initiated and upon conclusion of the inquiry and upon charges being proved, the order dated 02.09.2008 terminating the service of the respondent – workman was passed. Against the order of termination dated 02.09.2008, the respondent – workman preferred departmental First Appeal which came to be rejected on 06.11.2009. Against the order of rejection of appeal dated 06.11.2009, the workman preferred Second Appeal, wherein the order dated 02.09.2008 was confirmed by order dated 22.11.2010. Against order dated 02.09.2008 and 22.11.2010, a mercy petition was preferred before the higher a
The court upheld the principle that the punishment should be proportionate to the proven charges of misconduct, and the invocation of Section 11A of the Industrial Disputes Act was justified in this ....
workman has retired from the services and, therefore, whatever benefit is available to the workman, after her retirement, needs to be granted to her due to the order of reinstatement with continuity ....
The main legal point established in the judgment is that reinstatement with continuity of service and back wages is the normal rule in cases of wrongful termination of service, as emphasized in the c....
The main legal point established is that reinstatement with continuity of service and backwages is the normal rule in cases of wrongful termination of service, subject to various considerations.
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.
The Labour Court can award compensation instead of reinstatement if the dismissal is disproportionate to the misconduct, considering the relationship between the employee and employer.
The Labour Court must record subjective satisfaction regarding the proportionality of punishment before modifying a dismissal to a lesser penalty under the Industrial Disputes Act.
The main legal point established in the judgment is the entitlement of an employee to claim wages for the period between dismissal and reinstatement, as per the provisions of the Industrial Disputes ....
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