Case Note & Summary
The petitioner, M/s. Lachhiram Chudiwala, an employer, challenged the final award of the First Labour Court, Mumbai, in Reference (IDA) No.1159 of 1988 dated 8-12-1995. The respondent-employee was employed as a driver from July 1986 on a monthly salary of Rs.800, and also provided lodging and boarding. On 29-8-1987, the employee objected to the employer and requested regular duty hours, overtime wages, and a duty card. The employer allegedly became annoyed and did not allow the employee to report for duty from that day. The employee approached the Bombay Gumasta Union, which took up his cause. He raised a demand for reinstatement before the Conciliation Officer on 25-11-1987. The employer appeared and stated that the workman was not removed but had stopped reporting, and offered reinstatement, but the employee allegedly conditioned it on back wages. The Conciliation Officer submitted a failure report, and the demand was referred for adjudication on 23-12-1988. The Labour Court held that the employer failed to prove abandonment and that the termination was illegal, directing reinstatement with full back wages. The High Court upheld the award, finding no perversity in the Labour Court's findings.
Headnote
A) Industrial Disputes Act, 1947 - Unfair Labour Practice - Termination - Burden of Proof - The employer alleged that the workman abandoned service, but the Labour Court found that the employer failed to prove abandonment and that the workman was not allowed to report for duty. The court held that the termination was illegal and directed reinstatement with full back wages. (Paras 1-3) B) Industrial Disputes Act, 1947 - Reinstatement - Back Wages - Normal Rule - The court held that once termination is found to be illegal, reinstatement with full back wages is the normal rule, and the employer must justify any deviation. (Para 3)
Issue of Consideration
Whether the termination of the employee was justified or amounted to unfair labour practice, and whether the employee is entitled to reinstatement with back wages.
Final Decision
The High Court dismissed the writ petition and upheld the Labour Court award directing reinstatement with full back wages.
Law Points
- burden of proof on employer to prove abandonment
- termination without notice or inquiry is illegal
- reinstatement with back wages is normal rule
