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SANJAY KUMAR MEDHI
Management Of Lalamookh Tea Estate Owned By Lalamookh Tea Company Pvt. Ltd. – Appellant
Versus
State Of Assam And Ors Represented By The Secretary To The Govt. OF Assam, Department Of Labour, Dispur, Assam – Respondent
JUDGMENT & ORDER :
The legality and validity of an Award dated 29.05.2013 passed by the learned Industrial Tribunal, Silchar, Cachar in Ref. No. 2/2005 is the subject matter of challenge.
2. By the aforesaid Award, the learned Tribunal had held that the management was not justified in stopping/dismissing the workman from his service w.e.f. 29.11.2003 and was accordingly directed to be reinstated with 50% back wages.
3. This Court while issuing Rule, vide order dated 24.02.2014 had, however, passed an interim order so far as the direction regarding back wages was concerned.
4. Before going to the issue which has arisen for determination, the basic facts of the case can be narrated in brief in the following manner.
5. The aforesaid Ref. Case No. 2/2005 was made to the learned Tribunal on the following issues:
(b) If not, what relief is the Wikman entitled to?
2. (a) Whether the management is justified in issuing absentism motice to Shri Koiri for not attending the duties?
(b) If not, what relief is the workman entitled to?”
6. Both the petitioner-manage
A workman's abandonment of service precludes claims for back wages as illegality in termination requires proof of wrongdoing by the employer.
Point of law; Suspension of service - workman herein also contributed the events led to his dismissal. Further it could be gathered that the workman herein remained out of service and contributed not....
The punishment should be proportionate to the guilt, and reinstatement does not automatically warrant back wages.
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 management must substantiate claims of abandonment with clear evidence, and failing to conduct a proper inquiry renders their decision legally unsustainable.
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