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S. M. SUBRAMANIAM
Sundaram Fasteners Ltd. , Represented by its Assistant General Manager – IR, Chennai – Appellant
Versus
Presiding Officer I Additional Labour Court, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records of the 1st respondent in ID No.349 of 2007 and quash its award dated 26.02.2013.)
1. The writ petition has been filed challenging the award dated 26.02.2013 passed in ID No.349 of 2007.
2. The petitioner was having a factory at Gummidipoondi for manufacture of grey iron casting. The 2nd respondent/workman was working as an Electrical Supervisor. Without assigning any reason, the 2nd respondent absent from attending work with effect from 10.12.2001. The 2nd respondent / workman claimed that he was denied employment by the writ petitioner / Management during the year 2001. On 27.02.2002, the 2nd respondent sent a letter to the petitioner/Management. The 2nd respondent/workman raised a dispute of denial of employment. However, the petitioner / Management submitted their reply by pointing out that the 2nd respondent / workman has not been denied employment, but he had taken up employment in M/s.Magnum Polymers at Gummidipoondi and consequently, was not reporting for work in the petitioner/Management.
3. After a lapse of about 4 years, the 2nd re
The workman has no right to claim back wages as of right only because the Court has set aside his dismissal order in his favor and directed his reinstatement in service.
The appointing authority has discretion in imposing punishment, and courts should interfere only in rare and appropriate cases.
The appointing authority has discretion in imposing punishment, but the court may interfere if the punishment is disproportionate to the charges, and may modify the punishment or remit the case to th....
The completion of 240 days of continuous service triggers the employer's obligation under Section 25(f) of the Industrial Disputes Act. The discretion to grant back wages lies with the Labour Court, ....
When a Labour Court finds that charges against a workman are unproven, it must award backwages and continuity of service unless strong evidence supports denial.
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