Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dr. Justice A.D. Maria Clete, J
Management of M/s. Nipro India Corporation Pvt. Ltd. – Appellant
Versus
S.Shankar – Respondent
JUDGMENT :
Heard.
2. The writ petition has been filed by the Management challenging the order dated 14.10.2019 passed by the Appellate Authority under the Tamil Nadu Shops and Establishments Act, 1947 (Special Joint Commissioner of Labour, Chennai) in TNSC-1/7 of 2014. By the impugned order, the Appellate Authority allowed the appeal preferred by the Respondent, set aside the order of termination dated 27.08.2012 (marked as Ex.P3), and directed the Petitioner-Management to reinstate the Respondent with back wages and other attendant benefits.
3. On 24.07.2020, when the writ petition was taken up for admission, notice was ordered. Subsequently, on 05.08.2024, this Court recorded the following:
“In fact, the respondent is offering a settlement either for reinstatement or payment of backwages. The management is also gracious enough to offer the backwages provided the worker could produce the income tax returns in order to show that he was not gainfully employed elsewhere during the interregnum. Since the expectation of the management is also found to be reasonable, the worker can accommodate the said request and see that the dispute is resolved.”
4. Pursuant to the direction of this Court,
An employer must conduct a proper enquiry before terminating an employee for misconduct; failure to do so renders the termination void.
Point of law : where there may have been delay in making a reference in terms of Sec. 10 of the Industrial Disputes Act, there could be appropriate moulding of relief.
The court affirmed that a domestic enquiry must adhere to principles of natural justice, including the service of charge-sheets, and modified the award to grant only 50% back wages due to lack of evi....
The court upheld the Tribunal's ruling that the workman's termination was illegal, affirming entitlement to reinstatement and 50% back wages due to management's failure to prove voluntary abandonment....
The burden of proof of the employee's unemployment during the interregnum period lies with the employee, and the initial onus is on the employee to plead and prove that he was not gainfully employed.....
The dominant nature of the employee's duties determines workman status, and the burden of proof lies with the employer to establish the grounds for termination. The grant of backwages in cases of ill....
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
