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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
RAJESH MAZUMDAR
Management Of Assam Carbon Products Ltd. Rep. By Its Managing Director – Appellant
Versus
Assam Carbon Workers And Employees Union – Respondent
| Table of Content |
|---|
| 1. historical factual background of industrial disputes and repetitive agitation impacting production. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 2. analysis of the labour court's justification for apportioning blame in labor disputes. (Para 17 , 18 , 19 , 20 , 21) |
| 3. conflicting arguments regarding the justification of a lockout following illegal strike actions. (Para 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31) |
| 4. application of judicial precedents to distinguish legal from illegal lockouts and wage entitlement. (Para 32 , 33) |
| 5. lockout justified by illegal strike; back wages denied due to stale claims and union fault. (Para 34 , 35 , 36 , 37 , 38 , 39 , 40) |
JUDGMENT:
RAJESH MAZUMDAR, J.
Heard Mr. P.K. Tiwari, learned Senior counsel assisted by Mr. K. Kalita, learned counsel appearing for the petitioner, Mr. A. Dasgupta, learned senior counsel assisted by Mr. R. Sarkar, learned counsel appearing for the respondent. 2. The present writ petition has been filed by the Management of Assam Carbon Products Limited being aggrieved by the Award dated 03.05.2018, passed by the learned Labour Court in Reference Case No. 4 of 2017, whereby the
The main legal point established in the judgment is that the Tripartite Settlement dated 23.07.2008 was binding on the workmen, and the court did not find grounds to interfere with the decision of th....
The workers of factory of petitioner - company shall not cause any hindrance in smooth functioning of petitioner company and shall create an atmosphere of harmony and peace with the management of pet....
The court determined that despite the Labour Court's findings, the workmen were entitled to compensation due to their prolonged non-employment and lack of received benefits.
The court upheld the Labour Court's finding of unjustified non-employment of workmen due to unfair labor practices, establishing the employer-employee relationship despite claims of contract labor.
Dismissal without a proper inquiry is unjustifiable; individual misconduct must be proven for disciplinary action, affirming the right to strike as a legitimate demonstration.
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