Case Note & Summary
The Maharashtra State Road Transport Corporation (MSRTC) challenged the judgment and order dated 14.3.2016 of the Industrial Court, Nagpur, which partly allowed Complaint (ULP) No.433/2003 filed by the respondent employee, Ramakant Damodar Nehre. The Industrial Court declared that MSRTC had engaged in unfair labour practice under Item 9 of Schedule IV of the MRTU & PULP Act by denying the complainant back wages and other monetary benefits from the date of dismissal till the date of reinstatement. The Industrial Court directed MSRTC to cease and desist from such unfair labour practice and to pay back wages with interest at 6% per annum if not paid within two months. The undisputed facts were that the complainant was chargesheeted on 29.7.1993 for theft, suspended on 20.2.1999, dismissed on 11.11.1993, and later reinstated on 4.6.2003 with continuity but without back wages. The High Court, after considering submissions, found no perversity or error in the Industrial Court's order and dismissed the writ petition, upholding the direction to pay back wages.
Headnote
A) Industrial Law - Unfair Labour Practice - Item 9 Schedule IV MRTU & PULP Act - Denial of Back Wages - The complainant was dismissed from service on 11.11.1993, but the order was withdrawn on 4.6.2003 and he was reinstated with continuity but without back wages. The Industrial Court held that denial of back wages from dismissal to reinstatement constitutes an unfair labour practice under Item 9 of Schedule IV of the MRTU & PULP Act. The High Court upheld this finding, noting that the employer had not justified the denial of back wages. (Paras 4-6)
Issue of Consideration
Whether the denial of back wages and other monetary benefits from the date of dismissal till the date of reinstatement amounts to an unfair labour practice under Item 9 of Schedule IV of the MRTU & PULP Act.
Final Decision
Writ petition dismissed. Industrial Court order dated 14.3.2016 upheld. Rule discharged. No costs.
Law Points
- Unfair labour practice
- Item 9 Schedule IV MRTU & PULP Act
- back wages
- reinstatement
- disciplinary proceedings
- withdrawal of dismissal order
- continuity of service
Case Details
2020 LawText (BOM) (01) 150
Writ Petition No.7677/2017
Ms B.V. Reddy for petitioners, Shri A.H. Jamal for respondent
Maharashtra State Road Transport Corporation (MSRTC) and another
Ramakant S/o Damodar Nehre
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Nature of Litigation
Writ petition challenging Industrial Court order granting back wages to employee
Remedy Sought
Petitioner MSRTC sought to quash the Industrial Court order directing payment of back wages
Filing Reason
MSRTC aggrieved by Industrial Court's declaration of unfair labour practice and direction to pay back wages
Previous Decisions
Industrial Court partly allowed Complaint (ULP) No.433/2003 on 14.3.2016, declaring unfair labour practice and directing back wages
Issues
Whether denial of back wages from dismissal to reinstatement amounts to unfair labour practice under Item 9 of Schedule IV of MRTU & PULP Act
Submissions/Arguments
Petitioner argued six grounds in memo of petition challenging Industrial Court order
Respondent supported Industrial Court order
Ratio Decidendi
Denial of back wages from the date of dismissal till the date of reinstatement, without justification, constitutes an unfair labour practice under Item 9 of Schedule IV of the MRTU & PULP Act.
Judgment Excerpts
The petitioner MSRTC is aggrieved by the judgment and order dated 14.3.2016 delivered by the Industrial Court, Nagpur by which Complaint (ULP) No.433/2003 filed by the respondent complainant, has been partly allowed.
The undisputed factors in this case are as under: (a) The complainant was chargesheeted on 29.7.1993... (b) He was suspended on 20.2.1999... (c) After the conclusion of the disciplinary proceedings, he was issued an order of dismissal from service dated 11.11.1993. (d) The MSRTC withdrew the order of dismissal dated 11.11.1993 on 4.6.2003 and granted reinstatement in service with continuity. (e) Back-wages were denied...
Procedural History
Complaint (ULP) No.433/2003 filed by respondent before Industrial Court, Nagpur. Industrial Court partly allowed complaint on 14.3.2016. MSRTC filed Writ Petition No.7677/2017 before Bombay High Court, Nagpur Bench. High Court dismissed petition on 14.1.2020.
Acts & Sections
- Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (MRTU & PULP Act): Item 9 of Schedule IV
