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SANJAY VASHISTH
Abhitex International – Appellant
Versus
Presiding Officer, Industrial Tribunal-Cum-Labour Court – Respondent
JUDGMENT
Sanjay Vashisth, J.
Petitioner-M/s Abhitex International has filed the present writ petition seeking quashing of the award dated 08.10.2013 (Annexure P-7), whereby Industrial Tribunal-cum-Labour Court, Panipat (hereafter referred to as, 'the Tribunal'), has answered reference No. 52 of 2008 under Section 10 (1) (C) of the Industrial Disputes Act, 1947 (hereafter referred to as 'the Act'), in favour of respondent No.2-Shri. Jamshed (workman).
2. The Tribunal held that the workman was terminated by the management in violation of Section 25F of the Act and action of the management is illegal and arbitrary. Thus, the Tribunal concluded that the workman is entitled to reinstatement with continuity of service alongwith 50% back wages from the date of demand notice dated 30.07.2007.
3. Brief factual matrix of the case is that respondent No. 2- workman through a demand notice dated 30.07.2007, alleged that he was appointed as Assistant Master on 27.09.1999 with the Management on a fixed monthly salary of Rs. 3,000/-. He continuously worked with the management from the period 27.09.1999 to 21.07.2007 without their being any complaint against him. Workman pleaded that many times, gate
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 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....
In cases of wrongful termination, reinstatement with back wages is the normal rule unless the employer proves the employee was gainfully employed during the termination period.
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....
there is a breach of Section 25-F of the I.D. Act and as there is a delay of 11 years in preferring the reference, instead of granting reinstatement a lump sum amount as full and final settlement wil....
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