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M. S. RAMESH, C. KUMARAPPAN
Tamil Nadu State Transport Corporation, (Kumbakonam) Ltd. – Appellant
Versus
Presiding Officer – Respondent
JUDGMENT :
(Judgment of the Court was delivered by M.S.RAMESH, J.)
The Writ Appeal has been filed challenging the order dated 26.07.2021 passed by this Court in W.P.No.15210 of 2005.
2. When the punishment of dismissal was challenged by the 2nd respondent before the Cuddalore Labour Court, an Award dated 13.05.2003 came to be passed by holding that the domestic enquiry was not held in a fair and proper manner. The Labour Court also held that the charges levelled against the employee were not proved. However, while ordering reinstatement, the Labour Court has restricted the back wages to 50%.
2.1 This award came to be challenged by the Transport Corporation in W.P.No.15210 of 2005. The Learned Single Judge, had taken note of the submissions of the learned counsel for the workman that they are willing to give up 25% of the back wages out of the 50% awarded by the Labour Court and accordingly, restricted the back wages to 25% while confirming the Award. This order is under challenge in this Writ Petition.
3. The Learned Standing Counsel for the Appellant / Transport Corporation would submit that the charges against the employee are very serious in nature and therefore, the Corporation has
The principles of natural justice require that disciplinary enquiries be conducted fairly, and if charges are not proven, the employee is generally entitled to full back wages unless a concession is ....
Reinstatement with back wages is the norm in wrongful termination cases, subject to considerations of misconduct and employment status.
The employer bears the burden of proving that the worker was gainfully employed during the dispute period to deny back wages; failure to provide evidence supports the worker's claim to back wages.
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 court upheld the Labour Court's finding of wrongful termination, limiting its authority to enhance back wages since the respondent did not appeal the initial award.
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 ....
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....
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