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MAUNA M. BHATT
Devendrabhai Ramalal Patel – Appellant
Versus
Manager - Mehsana District Cooperative Bank Ltd. – Respondent
JUDGMENT :
1. Captioned are cross petitions filed, challenging an order of Industrial Court, Ahmedabad dated 27.04.2017 in Appeal (IC) No.23 of 2014 in T. Application No.142 of 2008, wherein, Industrial Court, Ahmedabad, by holding the order of dismissal as illegal, directed the employer-bank to pay 50% of backwages to the employee from 29.11.2005 (date of dismissal) till date of superannuation.
2. Since, both these petitions are filed challenging the same award, with consent of the learned advocates for the respective parties, they are heard and decided together by this common judgment.
3. For the purpose of this judgment, facts referred in Special Civil Application no.14640 of 2017 (filed by employer- bank) are considered.
3.1 Employer here is a Bank registered under the provisions of the Gujarat Co-operative Societies Act, 1961 and functioning as per the provisions of the Banking Regulations. Employee was working as a Peon in the Dingucha Branch of employer bank. It was case of the employer-bank that while employee was on duty on 21.05.2005, he misbehaved with superior and other staff of the bank and on account of this serious misconduct, he was put under suspension, by order dated
Dismissal based on unproved allegations is inappropriate, and failure to pay legal dues is condemned.
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 main legal point established in the judgment is the requirement for the Disciplinary Authority to follow the principles of natural justice and the procedure required to be followed before disagre....
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....
Decision of the Labour Court in granting 20% back wages is in consonance with the facts and circumstances of the case as well as it is legally sustainable. Therefore, the impugned award passed by the....
The Labour Court has wide power to consider and scrutinize the entire evidence, including the correctness of the findings given by the Enquiry Officer, and has the discretion to interfere with the qu....
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