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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
MR.JUSTICE MUMMINENI SUDHEER KUMAR, J
Management, Sp. Spl. 87. Kunnur Primary Agricultural Cooperative Credit Society, Rep., by its Secretary, R. Ganesan - – Appellant
Versus
A. Mariappan – Respondent
ORDER :
(MUMMINENI SUDHEER KUMAR, J.)
This writ petition has been filed aggrieved by an order dated 14th November, 2018 in C.P.No.46 of 2017 on the file of the learned Labour Court, Madurai.
2.1. The brief facts that are relevant for the disposal of this writ petition are as under:
2.2. The respondent herein while working as Night Watchman in the petitioner-Societywas dismissed from service by an order dated 21.08.1997. Aggrieved by the same, the respondent herein raised an industrial dispute vide I.D.No.59 of 1998 on the file of the learned Labour Court, Madurai and the said Industrial Dispute was allowed by the learned Labour Court by an award dated 16.08.2007 setting aside the order of dismissal and directing for reinstatement of the respondent with continuity of service. It was thereafter, the respondent was reinstated by taking an undertaking from the respondent that he will not make any claim for backwages for the period, since the date of dismissal till the date of reinstatement. It was thereafter, the respondent started making a claim for backwages for the period he was kept out of service because of the order of dismissal from service by submitting a representation before the
The Labour Court exceeded its jurisdiction by awarding backwages without a pre-existing right, as reinstatement does not automatically confer entitlement to backwages.
An employee reinstated after dismissal is entitled to back wages from the award date until reinstatement, excluding previously paid amounts, despite prior judgments denying back wages under the 'no w....
An employee dismissed without lawful grounds is entitled to back wages during appeal delays caused by the employer, emphasizing fairness in reinstatement with continuity of service.
A dismissal order remains valid and enforceable unless overturned by a competent court, rendering associated claims for back wages unmeritorious.
A dismissal order remains valid until overturned, and claims for back wages under Section 33-C(2) of the Industrial Disputes Act cannot proceed without resolving the dismissal.
The main legal point established is that under the Industrial Disputes Act, the Labour Court has the power to interfere with the quantum of punishment and may deny back wages where the punishment is ....
The court should not interfere with the award of the Labour Court unless it is irrational or perverse, and should not re-appreciate the evidence and substitute its own conclusions.
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