Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dr. Justice A.D. Maria Clete, J
R. Rajkumar, Son of N. Ramachandran – Appellant
Versus
Management of Hinduja Foundries Limited, Represented by its Managing Director – Respondent
JUDGMENT :
(A.D. MARIA CLETE, J.)
Heard.
2. Both writ petitions challenge the same award passed by the I Additional Labour Court, Chennai, in I.D. No. 455 of 2017 dated 15.06.2020. By the said award, the Labour Court held that the petitioner worker in the first writ petition (W.P. No. 17438 of 2020) was not entitled to reinstatement but was instead awarded a compensation of Rs.4 lakhs in lieu of dismissal.
3. Aggrieved by the award, the workman filed the present writ petition as early as 05.11.2020, seeking to quash that portion of the award which granted him only compensation, and instead prayed for reinstatement with continuity of service, back wages, and other attendant benefits. When the writ petition was listed for admission on 10.12.2020, while ordering notice to the management, the learned Judge also directed service of papers on M/s. T.S. Gopalan & Co., Advocates, who had represented the management before the Labour Court. Thereafter, when the matter was taken up on 23.12.2020, the learned Judge passed the following order: —
“3.Considering both the submissions made by the learned counsel respectively appearing for both sides, this Court is inclined to pass the following order:
(i
The burden of proof for misconduct lies with the employer, and failure to substantiate claims of loss of confidence invalidates the denial of reinstatement.
The termination without a domestic enquiry was violative of natural justice and industrial jurisprudence. The lack of mutual confidence should be objective, and the court may grant compensation as ap....
Point of Law : An opportunity to lead evidence to prove misconduct independently of domestic enquiry ought to have been granted.
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
