Back
BOMBAY HIGH COURT - BENCH AT GOA
A. P. LAVANDE, J
M/s. Sirsat Lodge – Appellant
Versus
Shri Mashnu Gawade – Respondent
| Table of Content |
|---|
| 1. facts surrounding the workman's employment and termination. (Para 2 , 3 , 4 , 5) |
| 2. arguments regarding the validity of the tribunal's findings. (Para 6 , 7) |
| 3. court's observations on evidence and tribunal's conclusions. (Para 9 , 10 , 11 , 12) |
| 4. legal principle on the burden of proof for back wages. (Para 14 , 15) |
| 5. final ruling on reinstatement and back wages. (Para 16 , 17) |
JUDGMENT :
Heard Mr. Menezes, learned Counsel for the petitioner and Mr. Nigalye, learned Counsel for respondent no.1.
2. By this Writ Petition, the petitioner takes exception to the award dated 1st October, 1999 passed by respondent no.2 in Reference No.IT/27/1990 by which the Industrial Tribunal has held that the action of the petitioner ('the employer' for short) in refusing employment to respondent no.1 ('the workman' for short) with effect from 1st June 1989, was illegal and unjustified. The Tribunal has ordered reinstatement of respondent no.1 in service with 60 % back wages from the date of termination till the date of the award. The Tribunal has further held that the workman is entitled to full wages from the date of the award with other consequential benefits and continuity in service.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
