Case Note & Summary
The dispute arose from the termination of the appellant's service as Secretary of the Narainpura Co-operative Agricultural Service Society Limited. The appellant did not attend work from May 11 to May 29, 1981, citing illness, while the Society claimed he was on strike and had committed embezzlement. The Labour Court found the termination justified based on the appellant's absence and alleged embezzlement. The appellant's subsequent writ petition was dismissed by the High Court. The Supreme Court, upon appeal, found the termination unjustified due to the absence of a domestic enquiry and inadequate evidence supporting the embezzlement claim. The Court noted that the Society's argument regarding the appellant's strike contradicted the need for leave. The Court ordered reinstatement with full back wages, subject to deductions for any salary earned from other employment during the interim. The appeal was allowed, and costs were awarded to the appellant.
Headnote
A) Employment Law - Termination of Service - Justification of Termination - Industrial Disputes Act, 1947, Section 10(1)(c) - The termination of the appellant's service without a domestic enquiry was held to be unjustified. The Labour Court's findings regarding embezzlement and absence without leave were found to lack a proper evidentiary basis, leading to the conclusion that the termination was not bona fide (Paras 530A-F).
Issue of Consideration
Whether the termination of service of the appellant was justified without holding a domestic enquiry.
Final Decision
The Supreme Court set aside the judgment of the High Court and the award of the Labour Court, ordering the Society to reinstate the appellant with full back wages, subject to deductions for any salary earned from other employment during the interim.
Law Points
- Termination of service
- Domestic enquiry
- Industrial Disputes Act
- 1947
- Back wages
- Evidence evaluation
