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BHARGAV D. KARIA
G. Dasharathan – Appellant
Versus
Flometallic A Unit of Brakes India Private Limited – Respondent
JUDGMENT :
Bhargav D. Karia, J.
1. Heard learned advocate Mr. M.D. Rahevar for the petitioners and learned council Mr. Varun Patel for the respondent no.1.
2. By these petitions under Article 227 of the Constitution of India, the petitioners have challenged the separate Judgment and Orders passed by the Presiding Officer(S.D.) Labour Court No.1 at Bharuch in Reference (LCB) Case No.67 of 2018 and Reference (LCB) Case No.68 of 2018 whereby the Labour Court has awarded lumpsum compensation of Rs.4,00,000/- to each of the petitioners along with cost of Rs.1,000/- in lieu of backwages and reinstatement.
3. For the sake of convenience, Special Civil Application No.17172 of 2019 in case of Mr. G. Dasharathan is treated as a lead case.
4. The brief facts of the case are as under:
4.1. The petitioner was serving as operator and C.L. with the respondent no.1-Company. The appointment letter was issued on 27.02.2013 but the petitioner joined the Company from 19.02.2012. The petitioner was on probation for the period of one year as per the appointment letter.
4.2. It was the case of the petitioner that the petitioner was working as operator and C.L. since 05.06.1996 as stated in the statement of clai
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 court held that lump sum compensation is just for workmen whose employment was wrongly terminated, balanced against the duration of service.
The court affirmed that the burden of proof lies with the employer to disprove a workman's claim of service duration once established by affidavit.
The court emphasized the importance of considering the length of service and the delay in filing the reference in determining the adequacy of compensation in cases of industrial disputes.
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 ....
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