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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr.Justice P. DHANABAL
Management, Tamil Nadu State Transport Corporation (Salem) Ltd. – Appellant
Versus
Presiding Officer, The Labour Court, Salem – Respondent
ORDER :
These Writ petitions have been filed challenging the order passed in I.D. No.220 of 2010 dated 09.01.2014 on the file of the Labour Court, Salem, wherein the workmen, who is the petitioner in W.P. No.27934 of 2015 and 2nd respondent in W.P. No.14332 of 2015 has raised an industrial dispute before the Labour Court, Salem and the Labour Court has partly allowed the industrial dispute and reinstated the workmen and denied backwages and continuity of service. Therefore, both the workmen and the Management have preferred these present Writ petitions.
2. The Writ petitioner in W.P. No.14332 of 2015 hereinafter will be referred to as 'Management'. The Writ petitioner in W.P. No.27934 of 2015 hereinafter will be referred to as 'workman'.
3. The short facts necessary to dispose of these Writ petitions are as follows:-
The workman was employed as driver in the Management Corporation. When he was working as Junior Tradesman, due to Jaundice and ulcer, he was unable to attend duty from 05.09.2005 and went to his father-in-law's house for taking Siddha treatment. After the treatment was over, he returned for work, but the Management had not allowed him to join duty. In the meantime, the dis
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.
The court has the power to modify the punishment imposed by the disciplinary authority when it is not justified, and the punishment should be proportionate to the charges against the petitioner.
The management's failure to substantiate allegations of misconduct and conduct a domestic enquiry justified the Labour Court's reinstatement order under Section 11A of the Industrial Disputes Act.
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.
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 emphasized the need for proper inquiry under the Industrial Disputes Act, affirming that wrongful termination without due process warrants reinstatement with continuity of service and back ....
Decision of the Labour Court in granting 20% back wages is in consonance with the facts and circumstances of the case as well as it is legally sustainable. Therefore, the impugned award passed by the....
The punishment should be proportionate to the guilt, and reinstatement does not automatically warrant back wages.
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