Case Note & Summary
The petitioner, Maharashtra State Farming Corporation, challenged the judgment of the Industrial Court, Aurangabad, in Complaint Case No. 267/1985. The respondent No. 2, Karbhari Kashinath Nagude, was employed as a tractor driver with the Corporation. He alleged that he was subjected to unfair labour practices and illegally removed from service. He sought reinstatement and backwages. The Industrial Court allowed the complaint, ordering reinstatement with full backwages and continuity of service. The Corporation filed the present writ petition under Article 227 of the Constitution. The High Court examined the record and found that the Industrial Court had correctly appreciated the evidence. The termination was without any disciplinary proceedings and amounted to an unfair labour practice under Item 1 of Schedule IV of the MRTU & PULP Act, 1971. The High Court held that there was no perversity or error of law in the Industrial Court's order. The petition was dismissed, and the Industrial Court's order was upheld. The respondent No. 2 was entitled to reinstatement with full backwages and continuity of service.
Headnote
A) Industrial Law - Unfair Labour Practice - Illegal Termination - Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (MRTU & PULP Act) - Complaint under Item 1 of Schedule IV - The respondent No. 2, a tractor driver, was illegally removed from service by the petitioner Corporation. The Industrial Court found the termination to be an unfair labour practice and ordered reinstatement with full backwages. The High Court upheld the order, finding no perversity or error of law. (Paras 1-3)
B) Industrial Law - Reinstatement - Backwages - MRTU & PULP Act, 1971 - The Industrial Court's award of full backwages from the date of termination to reinstatement was upheld as the termination was illegal and without any disciplinary proceedings. The High Court held that the employee was entitled to continuity of service and all consequential benefits. (Paras 2-3)
Issue of Consideration
Whether the Industrial Court was justified in ordering reinstatement with full backwages for the respondent No. 2 who was illegally removed from service as a tractor driver.
Final Decision
The High Court dismissed the writ petition and upheld the Industrial Court's order of reinstatement with full backwages and continuity of service.
Law Points
- Unfair labour practice
- illegal termination
- reinstatement
- backwages
- MRTU & PULP Act
- 1971
- Industrial Court jurisdiction
Case Details
2010 LawText (BOM) (01) 347
Writ Petition No. 2684 of 1990
Mr. R.N. Dhorde for the petitioner, None for respondent No. 1, Mr. S.V. Natu for respondent No. 2
The Estate Manager, Maharashtra State Farming Corporation, Gangapur Farm, Gangapur, Dist. Aurangabad
1. Gangapur Taluka Sakhar Kamgar Union, Gangapur, through its Secretary Shri Kundlik s/o Bhikaji Alawane, 2. Karbhari Kashinath Nagude
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Nature of Litigation
Writ petition under Article 227 of the Constitution challenging the order of the Industrial Court in a complaint of unfair labour practice.
Remedy Sought
The petitioner (employer) sought to quash the Industrial Court's order directing reinstatement with full backwages.
Filing Reason
The petitioner challenged the Industrial Court's order on the ground that it was erroneous and perverse.
Previous Decisions
The Industrial Court, Aurangabad, in Complaint Case No. 267/1985, allowed the complaint and ordered reinstatement with full backwages and continuity of service.
Issues
Whether the Industrial Court's order of reinstatement with full backwages was justified on the facts and evidence.
Whether the termination of the respondent No. 2 amounted to an unfair labour practice under the MRTU & PULP Act, 1971.
Submissions/Arguments
The petitioner argued that the Industrial Court's order was erroneous and perverse.
The respondent No. 2 contended that the termination was illegal and without any disciplinary proceedings, and the Industrial Court correctly ordered reinstatement.
Ratio Decidendi
The termination of an employee without any disciplinary proceedings amounts to an unfair labour practice under Item 1 of Schedule IV of the MRTU & PULP Act, 1971, and the employee is entitled to reinstatement with full backwages and continuity of service.
Judgment Excerpts
This petition filed by the Maharashtra State Farming Corporation is against judgement rendered by learned Member, Industrial Court, Aurangabad in a complaint case bearing No. 267/1985.
The Industrial Court allowed the complaint and directed reinstatement of the respondent No. 2 with full backwages and continuity of service.
I do not find any perversity or error of law in the impugned judgement. Hence, no interference is called for.
Procedural History
The respondent No. 2 filed Complaint Case No. 267/1985 before the Industrial Court, Aurangabad, alleging unfair labour practice. The Industrial Court allowed the complaint on an unspecified date. The petitioner filed Writ Petition No. 2684 of 1990 before the High Court of Bombay at Aurangabad, which was dismissed on 8th January 2010.
Acts & Sections
- Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971: Schedule IV, Item 1
