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A. S. SUPEHIA, MAUNA M. BHATT
JAMNAGAR MUNICIPAL CORPORATION – Appellant
Versus
MAMAD HUSSAIN MURIMA – Respondent
JUDGMENT :
A.S. SUPEHIA, J.
1. ADMIT. Learned advocate Mr. Yogen N. Pandya waives service of notice on behalf of respondent no. 1.
2. With the consent of both the sides, the matter is taken up for final hearing today.
3. The present appeal emanates from the order dated 22.09.2022, passed by the learned Single Judge, wherein the learned Single has rejected the writ petition filed by the appellant-Corporation, challenging the award dated 04.04.2022, passed by the Labour Court in Reference Case (LCJ) No. 116 of 2015, wherein the Labour Court had directed the appellant-Corporation to reinstate the respondent-workman with full back wages. The learned Single Judge has partly allowed the petition and quashed and set aside the award to the extent of granting back wages, and a cost of Rs.15,000/- was also directed to be paid to the respondent-workman.
4. At the outset, learned advocate Mr. Munshaw, appearing for the appellant-Corporation has submitted that in fact, the respondent-workman was working as a daily wager and though a full-fledged inquiry was not required, the appellant-Corporation initiated fullfledged inquiry by issuing a charge-sheet for the misconduct of remaining absent on numero
The court established that the validity of a departmental inquiry is upheld when the employee admits to misconduct, and the focus should be on the proportionality of the punishment.
Jurisdiction of the Tribunal to reappraise the evidence and come to its conclusion enures to it when it has to adjudicate upon the dispute referred to it in which an employer relies on the findings r....
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.
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....
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....
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 is that in cases of dismissal or discharge of an employee referred for industrial adjudication, the Labour Court should first decide whether the domestic enquiry viol....
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.
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