Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M.K.THAKKER
Bharuch Jilla Audyogik Kamdar Sangh – Appellant
Versus
Birla Cellulosic – Respondent
JUDGMENT :
M. K. THAKKER, J.
“Every litigation has a moral and, these appeals have many, the foremost being that the economics of law is the essence of labour jurisprudence.” -Justice Krishna Iyer
1. The present petition is filed under Articles 226 and 227 of the Constitution of India, challenging the award dated 25.05.2004 passed by the learned Industrial Tribunal, Vadodara, whereby the Tribunal rejected the relief of reinstatement and all consequential benefits to 26 workmen, converted the dismissal orders into orders of discharge, and granted only monetary compensation— Rs.50,000/- to 5 workmen and Rs.70,000/- to 20 workmen.
2. It is the case of the petitioner-Union that it represents approximately 415 workmen/technicians and had raised concerns regarding industrial unrest vide its letter dated 29.09.1999, addressed to the office bearers and members of the Executive Committee of the respondent-company. On the same day, upon raising the demands, the respondent-company suspended three members of the Union on the alleged ground that they had refused to perform the task of breaking sulfur and other duties that were previously carried out by contract labourers. Subsequently, all three wo
The court upheld the Industrial Tribunal's finding that the workmen engaged in gross misconduct justifying their dismissal during industrial unrest, affirming the employer's right to take disciplinar....
Dismissal without a proper inquiry is unjustifiable; individual misconduct must be proven for disciplinary action, affirming the right to strike as a legitimate demonstration.
The Labour Court must first determine the validity of domestic enquiry before evaluating evidence presented for dismissal in industrial disputes.
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....
Proven misconduct does not automatically justify termination; the punishment must be proportionate and free from victimization.
The court ruled that a reference to the Industrial Tribunal is premature when disciplinary proceedings against employees are still pending.
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....
Labour law – Reinstatement - Granting of relief of reinstatement after such a long gap will not serve any purpose and, therefore, this Court is of the view that if the order to grant compensation
Burden of proof in employment disputes shifts to the employer once workmen establish their employment. In cases of termination, statutory compliance is critical.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
