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ALOK MATHUR
Nagar Palika Parishad Khatauli – Appellant
Versus
Presiding Officer, Labour Court, Saharanpur – Respondent
JUDGMENT :
ALOK MATHUR, J.
1. Heard Sri Jagdish Prasad Mishra, learned counsel for petitioner.
2. Sri Gopal Narayan, Advocate has put in appearance on behalf of Workman i.e. respondent No. 2 and submits that he has filed his caveat in the Registry but the same has not been reported by the Stamp Reporter.
3. In light of the proposed order, notices to other respondent is dispensed with.
4. By means of present writ petition, the petitioner has assailed the legality and validity of the order passed by Presiding Officer, Labour Court, Saharanpur dated 18.08.2022 thereby allowing the reference and passing of an award in favour of the employee thereby setting aside the order of termination of the respondent and giving him 25% of the back-wags from the date of termination till the date he would have superannuated and also post retiral dues which would have been admissible to the respondent had he superannuated from services considering that he would be worked during the period he remained under termination. 4. The facts giving rise to the present writ petition is that respondent was working with the petitioner i.e. Nagarpalika Parishad Khatauli, Muzffarpur on the post of Moharrir when he was su
In absence of any material which may indicate that Tribunal has misdirected itself or recorded any perverse finding, Court do not find any ground for interference is made out with findings recorded i....
A workman's abandonment of service precludes claims for back wages as illegality in termination requires proof of wrongdoing by the employer.
Point of Law : Labour Law – Reinstatement – Back wages - No back wages is liable to be paid to workman since workman was earning and he is not entitled for any back wages. Of course he is entitled wi....
The main legal point established in the judgment is the entitlement of an employee to claim wages for the period between dismissal and reinstatement, as per the provisions of the Industrial Disputes ....
The completion of 240 days of continuous service triggers the employer's obligation under Section 25(f) of the Industrial Disputes Act. The discretion to grant back wages lies with the Labour Court, ....
Termination without a proper inquiry and adherence to statutory procedures is unlawful, warranting reinstatement and back wages.
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