Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
DEEPAK ROSHAN
Management Of Tata Engineering & Locomotive Company Ltd. – Appellant
Versus
Sumitra Devi W/o Late C.K. Singh – Respondent
JUDGMENT :
DEEPAK ROSHAN, J.
1. Heard learned counsel for the parties.
2. The instant Writ Application has been preferred by the Petitioner praying therein for quashing of the Award dated 15.1.2008 passed in Reference Case No.14 of 1988 by the Learned Presiding Officer, Labour Court, Jamshedpur; whereby the Ld. Labour Court has quashed the order of discharge of the respondent workman from his service and has further directed the reinstatement of the respondent along with 40% back wages and other consequential benefits and has further ordered that the respondent shall be deemed to be in continuous service.
3. Briefly stated, the original respondent-workman namely C.K. Singh, who died during pendency of this case, was working since 14.07.1969 as unskilled MATE up to October, 1972 and thereafter, he was made permanent and was given designation of Motor Mechanic in the Auto Transport Department in Petitioner Company. On 08.02.1983, the workman had undergone a surgery at TELCO Hospital by one Dr. N.G. Das, Senior Surgeon, in his scrotum. Stitches were cut on 15.02.1983 but one stitch was left by the said Doctor i.e. Dr. N.G.Das and as a result of negligence on the part of the doctor, there
Under Section 11A, labour courts can deem discharge disproportionate and order reinstatement with partial back wages for misconduct amid mitigating medical negligence, even post-fair inquiry.
workman has retired from the services and, therefore, whatever benefit is available to the workman, after her retirement, needs to be granted to her due to the order of reinstatement with continuity ....
The Labour Court must record subjective satisfaction regarding the proportionality of punishment before modifying a dismissal to a lesser penalty under the Industrial Disputes Act.
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....
Award cannot be unsettled, invoking the power of this Court under Article 226 of the Constitution of India
Misconducts - Award Modified - Workman was earning by plying rickshaw since his dismissal i.e. from 1990, appropriate relief may be moulded in favour of workman by tilting balance -Workman be paid re....
The court upheld the Labour Court's ruling that the dismissal of the workman was disproportionate to the misconduct proven, awarding compensation instead of reinstatement.
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
