ALOK MATHUR
Tech Mahindra Ltd. – Appellant
Versus
Presiding Officer – Respondent
JUDGMENT :
Alok Mathur, J.
1. Heard Sri M. S. Vinayak, learned counsel for the petitioner, Sri Karunanidhi Yadav as well as learned Standing counsel for respondent no. s 1 and 2, Sri Shekhar Srivastava for respondent No.3-workman.
2. By means of the present writ petition the petitioner has assailed the award dated 24.11.2022 passed by Presiding Officer, Labour Court, Noida, District Gautam Buddha Nagar, U.P. whereby allowing the claim of respondent No.3-workman.
3. The facts in brief arising in the present case are that respondent No.3 was employed on the post of Assistant in Grade GO at the establishment of the petitioner company at Pune, Maharashtra and was issued appointment letter on 30.3.2004. As per the appointment letter he was to work in Noida and it was further provided that the services of respondent NO.3 would be terminated by either party by serving prior written notice. It was further provided in the appointment letter that the services of the respondent-workman would be transferable and he could be transferred to any of the establishments of the petitioner whether in India or abroad. The petitioner continued to work since the date of his appointment till 5.12.2008 when hi
The duty of the employer to re-engage the workman and the requirement of substantial evidence to prove abandonment.
The judgment established that an employee's services cannot be terminated without following due process of law, and unexplained delay in seeking reinstatement may indicate abandonment of service.
Termination without due process violates principles of natural justice, necessitating notice and inquiry; compensation awarded due to managerial failure to follow procedure.
The classification of an employee as a 'workman' depends on the actual nature of their duties rather than job titles, reaffirming the need for careful evidence evaluation under the Industrial Dispute....
A resignation, if properly communicated and accepted, constitutes valid termination, challenging the Labour Court's finding of illegal termination when the evidence suggests otherwise.
A workman's abandonment of service precludes claims for back wages as illegality in termination requires proof of wrongdoing by the employer.
Labour Law - Reinstatement - Whenever employer offers to reinstate the workman at any stage of dispute or proceedings and if the workman does not accept offer even without prejudice to his rights and....
The main legal point established in the judgment is the requirement to prove the contents of documents by primary evidence or secondary evidence under Sections 61 and 65 of the Evidence Act.
Point of Law : Upholding the validity of the action of the Bank in applying the clause 16 of the bipartite statement by noticing the employee and not holding regular departmental enquiry, the positio....
Absence from duty for an extended period can amount to voluntary abandonment of service, negating the need for disciplinary actions prior to termination.
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