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M. K. THAKKER
Vadodara Municipal Corporation Through Municipal Commissioner – Appellant
Versus
Shaikh Rashid Ahmed Raeesmiya – Respondent
JUDGMENT :
M. K. Thakker, J.
1. This petition is filed under Article 226 and 227 of the Constitution of India challenging the order passed by the learned Presiding Officer, labour court No.4, Vadodara in Miscellaneous Application No.23 of 2018 (In Reference Case No.289 of 2003) dated 27.08.2021 whereby, the application preferred by the present petitioner under Rule 26(a) of the ID Act came to be rejected and also challenging the judgment and award dated 28.09.2017 passed by the learned Presiding Officer, learned Court No.4, Vadodara in reference No.289 of 2003 whereby, the directions were issued to reinstate the respondent-workman without back wages and with continuity of service.
2. It is the case of the present petitioner that respondent herein, has filed the reference before the learned labour court, Vadodara being reference No.289 of 2003 claiming that he was appointed as a Driver on daily wages and in the month of March, 2002 due to Godhra train incident of communal riots, the respondent came to be arrested by the police on 27.04.2002 and thereafter, released on bail on 03.07.2002.
3. On approaching to the petitioner for resuming the duty on 04.07.2002 a show cause notice was serv
The court affirmed that termination without a departmental inquiry is illegal, and reinstatement is justified when the employer fails to present evidence despite multiple opportunities.
Violation of provisions under Sections 25F and 25H of the ID Act led to the direction for reinstatement without backwages.
The court upheld the Labour Court's order for reinstatement and back wages, emphasizing the equal application of the law of limitation and the petitioner's failure to present its case.
The main legal point established in the judgment is that the employer must follow the relevant provisions of the I.D. Act before terminating the service of an employee, and failure to do so may entit....
The punishment should be proportionate to the guilt, and reinstatement does not automatically warrant back wages.
The main legal point established in the judgment is that in cases of illegal termination, reinstatement with backwages is the appropriate relief, considering the sustained unemployment of the employe....
Labour Court has held against the workman on the basis that the documents like pay sleep, muster roll etc. are not produced. But, at this juncture, it is require to peruse the oral evidence of the wo....
Termination of employment without departmental proceedings or opportunity to be heard is illegal under the Industrial Disputes Act, 1947.
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