Case Note & Summary
The petitioner, Mutha Founders Pvt Ltd, challenged the judgment and order dated 05.11.2012 passed by the learned Industrial Court, Satara in Complaint (ULP) No. 104/2007. The original respondent, Balu Appa Kurane, was an employee of the petitioner. He was terminated from service without any domestic inquiry and without compliance with Section 25F of the Industrial Disputes Act, 1947. The Industrial Court allowed the complaint, holding the termination illegal, and directed reinstatement with continuity of service and full back wages. The petitioner argued that the employee had abandoned service and that the Industrial Court erred in granting back wages. The High Court, after hearing both sides, found that the Industrial Court had correctly appreciated the evidence and that there was no perversity in the findings. The court noted that the employee had been terminated without any inquiry and without retrenchment compensation, which is a clear violation of Section 25F. The High Court dismissed the writ petition, upholding the Industrial Court's order. The court also observed that the employee had expired during the pendency of the petition, and the legal heirs were brought on record. The decision reaffirms the principle that termination without following due process is illegal and that the Industrial Court has the jurisdiction to grant appropriate relief.
Headnote
A) Industrial Law - Termination of Service - Illegal Termination - Section 25F of Industrial Disputes Act, 1947 - The employee was terminated without any domestic inquiry and without payment of retrenchment compensation. The Industrial Court held the termination illegal and directed reinstatement with continuity of service and back wages. The High Court upheld the order, finding no perversity in the findings of fact. (Paras 1-10) B) Industrial Law - Jurisdiction of Industrial Court - Complaint under MRTU & PULP Act, 1971 - The Industrial Court has jurisdiction to entertain a complaint alleging unfair labour practice under Item 1 of Schedule IV of the MRTU & PULP Act, 1971, which includes termination of service without following due process. The court's order of reinstatement with back wages is within its powers. (Paras 2-10)
Issue of Consideration
Whether the termination of the employee without holding a domestic inquiry and without complying with Section 25F of the Industrial Disputes Act, 1947 is legal and justified.
Final Decision
The High Court dismissed the writ petition, upholding the Industrial Court's order dated 05.11.2012 directing reinstatement with continuity of service and full back wages.
Law Points
- Termination without domestic inquiry is illegal
- Retrenchment without compliance with Section 25F is void
- Industrial Court has jurisdiction to grant reinstatement with back wages
- Writ Court will not interfere with concurrent findings of fact
