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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR.JUSTICE MOHAMMED NIAS C.P., J
Ram Reni Transport – Appellant
Versus
Murukesan, S/o P.k. Krishnan Chettia – Respondent
JUDGMENT :
W.P.(C) No.2163 of 2018 is filed challenging Ext.P4 common award passed by the Industrial Tribunal, Palakkad, dated 06.11.2017 in Industrial Dispute No.2/2016. The 1st and 2nd petitioners are partnership firms engaged in stage carriage services.
2. Respondents 1 to 6 in the writ petition filed an application under Section 2 (A) (2) of the Industrial Disputes Act, 1947, seeking relief against the denial of employment by the management and also for reinstatement in service with back wages. Subsequently, the same subject matter was referred as per the Government Order dated 16.12.2015. The application filed under Section 2 (A) (2) of the Industrial Disputes Act, 1947, was taken on file as O.A.I.D. No.1/2015, and the reference was taken on file as I.D.No.2/2016, and as the issues and the parties were common, both the disputes were considered jointly leading to Ext.P4 common award.
3. The respondents 1 to 6 of this writ petition contended that they were working as Drivers, Conductors and Cleaners in the bus service owned by the 7th respondent, Managing Partner, NTP Bus Services. Later on, based on the contention raised by the management, M/s Ram Reni Transport, M/s Nithya Transp
The Tribunal's findings on denial of employment were upheld due to management's failure to provide evidence, establishing a link between the management entities and the workers' claims for compensati....
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
Reinstatement of workmen after illegal termination is not automatic; monetary compensation may be granted instead based on specific circumstances and legal precedents.
The court determined that the tribunal misapplied the law regarding employment and erred in concluding the existence of an employer-employee relationship, necessitating the annulment of the reinstate....
Burden of proof in employment disputes shifts to the employer once workmen establish their employment. In cases of termination, statutory compliance is critical.
The court upheld that the burden of proving continuous service and employee-employer relationship lies with the workman, which was not met, leading to dismissal of the claim based on delay and lack o....
The court affirmed that the management's contract with a contractor was a sham, establishing the respondent as a direct employee entitled to reinstatement and back wages.
The court emphasized the necessity of a proper inquiry before termination and the management's right to present evidence post-inquiry issues.
In cases of wrongful termination of service, the employee is entitled to back wages unless the employer proves that the employee was gainfully employed during the relevant period.
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