Case Note & Summary
The petitioner, Rashtriya Mul Niwasi Bahujan Karmachari Sangh, a labour union, challenged the award dated 05.04.2018 passed by the Industrial Court, Chandrapur in Reference (IDA) No. 1/2015. The respondent, Hotel TriStar Inn Pvt. Ltd., is a private hotel employing workmen. The union claimed that 28 of its members were orally terminated on 28.05.2015 for joining the union. After conciliation, 12 workers were re-employed, leaving 15 workers in dispute. The Industrial Court answered the reference in the negative, holding that the union failed to prove illegal termination. The High Court, in writ jurisdiction, examined whether the Industrial Court's findings were perverse. The court noted that the union did not produce the 15 workers as witnesses, and the evidence of the union's secretary was insufficient to establish the employer-employee relationship or the fact of termination. The court also observed that the union's own witnesses admitted that some workers were re-employed after signing apology letters, which contradicted the claim of illegal termination. The High Court held that the Industrial Court's appreciation of evidence was not perverse and that the union failed to discharge its burden of proof. Consequently, the writ petition was dismissed, and the award was upheld.
Headnote
A) Industrial Law - Illegal Termination - Burden of Proof - Industrial Disputes Act, 1947 - Sections 2A, 10 - The union claimed that 28 workers were orally terminated on 28.05.2015 for joining the union. The Industrial Court held that the union failed to prove the employer-employee relationship and the fact of termination. The High Court upheld the award, finding no perversity in the Industrial Court's appreciation of evidence. (Paras 1-5) B) Industrial Law - Reinstatement - Relief - Industrial Disputes Act, 1947 - Sections 11A, 12 - The union sought reinstatement of 15 workers. The Industrial Court denied relief as the union did not produce sufficient evidence of termination. The High Court affirmed, noting that the union's own witnesses admitted that some workers were re-employed, and the union failed to prove that the remaining 15 were illegally terminated. (Paras 2-5)
Issue of Consideration
Whether the Industrial Court erred in holding that the petitioner-union failed to prove illegal termination of 15 workers and denying reinstatement.
Final Decision
The High Court dismissed the writ petition, upholding the Industrial Court's award dated 05.04.2018.
Law Points
- Burden of proof on union to establish employer-employee relationship and illegal termination
- Oral termination must be proved by cogent evidence
- Industrial Court's findings of fact not to be interfered with under writ jurisdiction unless perverse
