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ABDUL MOIN
U. P. State Road Transport Corporation Gomti Nagar Lucknow – Appellant
Versus
Anwar Ali – Respondent
JUDGMENT :
Hon'ble Abdul Moin, J.-Heard Sri Akhilesh Kumar Srivastava, learned counsel for the petitioner and Sri Awdesh Shukla, learned counsel appearing on behalf of the respondent No. 1.
2. At the very outset, Sri Akhilesh Kumar Srivastava, learned counsel for the petitioner states that despite the substitution application having been allowed by this Court vide order dated 24.9.2019, he could not incorporate the legal heirs of the respondent. He prays for and is permitted to substitute the legal heirs of the respondent during the course of the day.
3. There is consensus at the bar that the connected petition namely Writ-C No. 1004069 of 2009 which has been filed by the respondent Workman challenging the same award also has the same facts and can be decided together. Accordingly, the Court proceeds to decide both matters. The facts of Writ-C No. 1002969 (MS) of 2009 are being taken to decide the matters.
4. Instant writ petition has been filed praying for the following main reliefs :
(ii) Issue a writ of certiora
The court established that an employer must comply with procedural fairness in termination cases, and failure to do so can lead to enhanced back wages for the employee.
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 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.
workman has retired from the services and, therefore, whatever benefit is available to the workman, after her retirement, needs to be granted to her due to the order of reinstatement with continuity ....
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 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 termination of employment must be in accordance with the principles of natural justice, and compensation may be awarded in lieu of reinstatement depending on the circumstances.
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