Case Note & Summary
The Sub Divisional Officer, Zilla Parishad Works Sub Division, Umarkhed, filed a writ petition against the judgment of the Member, Industrial Court, Yavatmal dated 15.07.2002. The Industrial Court had reversed the Labour Court's order which had allowed the workman's complaint, holding that the termination of services amounted to unfair labour practice, and directed reinstatement with continuity and full back wages. The petition was admitted, and the operation of the impugned order regarding back wages was stayed, while the workman continued in service. During the hearing, both counsel agreed that the workman may be continued in service but without back wages. Consequently, the High Court partly allowed the petition, setting aside the part of the Industrial Court's order granting back wages, but maintaining the direction for reinstatement with continuity of service. The rule was made absolute accordingly.
Headnote
A) Industrial Law - Unfair Labour Practice - Reinstatement with Continuity - Back Wages - The petitioner challenged the Industrial Court's order granting reinstatement with continuity and full back wages. The parties agreed that the workman may be continued in service but without back wages. The High Court partly allowed the petition, setting aside the back wages portion while maintaining reinstatement with continuity. (Paras 1-4)
Issue of Consideration
Whether the Industrial Court's order granting full back wages along with reinstatement should be upheld or modified.
Final Decision
The petition is partly allowed. The impugned order, in so far as it grants back wages to the workman, is set aside. The order, in so far as it directs reinstatement of the workman with continuity of service, is maintained. Rule made absolute accordingly.
Law Points
- Unfair labour practice
- termination of services
- reinstatement with continuity
- back wages
- consent of parties
Case Details
2010 LawText (BOM) (01) 451
Writ Petition No.3043 of 2002
Shri V.V. Naik for Petitioner, Shri N.R. Saboo for Respondent
Sub Divisional Officer, Zilla Parishad Works Sub Division, Umarkhed
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Nature of Litigation
Writ petition challenging Industrial Court's order granting reinstatement with continuity and full back wages for unfair labour practice.
Remedy Sought
Petitioner sought to set aside the Industrial Court's order granting back wages.
Filing Reason
The petitioner employer challenged the Industrial Court's order which reversed the Labour Court's order and granted reinstatement with continuity and full back wages.
Previous Decisions
Labour Court allowed workman's complaint holding termination as unfair labour practice and directed reinstatement with continuity and full back wages. Industrial Court reversed that order. The present petition challenges the Industrial Court's order.
Issues
Whether the Industrial Court's order granting full back wages along with reinstatement should be upheld or modified.
Submissions/Arguments
Both counsel agreed that the workman may be continued in service but without back wages.
Ratio Decidendi
Where parties agree that a workman may be continued in service but without back wages, the court may modify the order to set aside back wages while maintaining reinstatement with continuity.
Judgment Excerpts
The learned counsel for the parties state that the parties agree that the workman may be continued in service but without back wages.
In view of this, the petition is partly allowed. The impugned order, in so far as it grants back wages to the workman is set aside. The order, in so far as it directs reinstatement of the workman with continuity of service, is maintained.
Procedural History
Labour Court allowed workman's complaint holding termination as unfair labour practice and directed reinstatement with continuity and full back wages. Industrial Court reversed that order. Petitioner filed writ petition. Petition admitted, operation of back wages stayed, workman continued in service. Parties agreed to continuation without back wages. High Court partly allowed petition.
Acts & Sections
- Industrial Disputes Act, 1947:
