Case Note & Summary
The petitioner, Maharashtra State Road Transport Corporation, challenged an award dated 31.1.1998 passed by the Second Labour Court at Nagpur. The Labour Court had directed reinstatement of the original respondent no.1, a conductor dismissed on 18.8.1994, with continuity of service but without back wages. The Labour Court found the punishment of dismissal disproportionate to the charges, though the workman was found guilty. During the pendency of the writ petition, the original respondent no.1 was reinstated pursuant to an interim order and later died on 6.8.2003. The legal heirs of the deceased workman, through their counsel, conceded to give up any claim for wages from the date of the interim order (13.11.1998) till the date of death (6.8.2003) and accepted the Labour Court's denial of back wages. In view of this concession, the High Court did not disturb the award and disposed of the petition, directing that the services of the original respondent no.1 till his death be treated as continuous. The court also directed that the legal heirs be paid all consequential benefits, excluding wages for the period they gave up.
Headnote
A) Industrial Law - Disproportionate Punishment - Section 11A Industrial Disputes Act, 1947 - Labour Court held punishment of dismissal disproportionate to charges - Court upheld award directing reinstatement without back wages - Legal heirs of deceased workman gave up claim for wages during interim period - Held that award not disturbed (Paras 1-3).
Issue of Consideration
Whether the Labour Court's award directing reinstatement without back wages for a dismissed conductor was legal and proper.
Final Decision
The High Court did not disturb the Labour Court award. The petition was disposed of with direction that the services of the original respondent no.1 till his death be treated as continuous, and legal heirs be paid all consequential benefits except wages from 13.11.1998 to 6.8.2003 which they gave up.
Law Points
- Disproportionate punishment
- Reinstatement without back wages
- Concession by legal heirs
- Industrial Disputes Act
- 1947
Case Details
2006 LawText (BOM) (02) 75
Writ Petition No.1829 of 1998
Mr. R. S. Charpe for petitioner, Mr. A. H. Jamal for respondent no.1(i) to (iii)
Maharashtra State Road Transport Corporation, Nagpur through its Divisional Controller
Ashok L. Jambhulkar (deceased) through legal heirs Smt. Shobha wd/o Ashok Jambhulkar, Nishant s/o Ashok Jambhulkar, Pratik s/o Ashok Jambhulkar; Second Labour Court at Nagpur
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Nature of Litigation
Writ petition challenging Labour Court award directing reinstatement without back wages.
Remedy Sought
Petitioner sought to quash the Labour Court award.
Filing Reason
Petitioner challenged the award as the Labour Court held dismissal disproportionate to charges.
Previous Decisions
Labour Court award dated 31.1.1998 directed reinstatement without back wages.
Issues
Whether the Labour Court's award of reinstatement without back wages was proper.
Submissions/Arguments
Petitioner challenged the award; legal heirs of respondent conceded to give up claim for wages during interim period and accepted denial of back wages.
Ratio Decidendi
Where the legal heirs of a deceased workman concede to give up claim for wages during the interim period and accept the Labour Court's denial of back wages, the court may uphold the award of reinstatement without back wages.
Judgment Excerpts
By this petition, the petitioner challenges award passed by the Labour Court dated 31.1.1998, by that award the original respondent no.1 has been granted reinstatement in service with continuity in service w. e. f. 18.8.1994 but without back wages.
Learned counsel appearing for the legal representatives of respondent no.1 states that legal heirs of respondent no.1 are willing to give up their claim for wages from the date of order i.e. 13.11.1998 till the death of original respondent no.1 i. e. 6.8.2003.
In view of this statement if the award impugned in the petition is not disturbed, consequence would be that the services of the original respondent no.1 till the date of his death would be taken
Procedural History
Original respondent no.1 was dismissed on 18.8.1994. Labour Court passed award on 31.1.1998 directing reinstatement without back wages. Petitioner filed writ petition on 13.11.1998. Interim order granted reinstatement. Original respondent no.1 died on 6.8.2003. Legal heirs substituted. Petition disposed on 23.2.2006.
Acts & Sections
- Industrial Disputes Act, 1947: Section 11A
