Case Note & Summary
The petitioners, the Zilla Parishad and the Child Development Project Officer, challenged the judgment of the Industrial Court dated 17/09/2013 in Revision ULP No.76/2011, which granted reinstatement with continuity and full back wages to the respondent, Smt. Ratan Eknath Gund, an Anganwadi Sevika. The respondent had been terminated on 19/21st January 2009 with effect from 19/01/2009. She filed Complaint (ULP) No.4/2009 before the Labour Court at Ahmednagar, which was dismissed on 08/09/2011. She then preferred Revision ULP No.76/2011 before the Industrial Court, which allowed the revision and granted the relief. The petitioners argued that the Industrial Court exceeded its jurisdiction and that the termination was justified due to the respondent's misdeeds. The High Court, after hearing both sides, found that the Industrial Court had not committed any perversity or jurisdictional error. The High Court noted that the Industrial Court had considered the evidence and correctly concluded that the termination was unjustified. The High Court dismissed the writ petition, upholding the Industrial Court's order of reinstatement with continuity and full back wages.
Headnote
A) Industrial Law - Termination of Anganwadi Sevika - Reinstatement with Full Back Wages - The respondent, an Anganwadi Sevika, was terminated in 2009. The Labour Court dismissed her complaint, but the Industrial Court in revision granted reinstatement with continuity and full back wages. The High Court upheld the Industrial Court's order, finding no perversity or jurisdictional error. (Paras 1-3)
B) Industrial Law - Revision Powers of Industrial Court - Scope - The Industrial Court, in exercise of its revision powers under the MRTU & PULP Act, can reappreciate evidence and correct errors of law or fact. The High Court held that the Industrial Court's order was within its jurisdiction and did not warrant interference under Article 227. (Paras 4-6)
Issue of Consideration
Whether the Industrial Court was justified in granting reinstatement with continuity and full back wages to the respondent despite the Labour Court dismissing her complaint.
Final Decision
Writ petition dismissed. Industrial Court's order dated 17/09/2013 in Revision ULP No.76/2011 granting reinstatement with continuity and full back wages to the respondent is upheld.
Law Points
- Reinstatement with full back wages
- Termination of Anganwadi Sevika
- Unfair labour practice
- Industrial Court revision powers
Case Details
2014 LawText (BOM) (09) 10
Writ Petition No.129 of 2014
Mr.S.T.Shelke for petitioners, Mr.P.V.Barde for respondent
Dy.Chief Executive Officer (Child Welfare) Zilla Parishad, Ahmednagar and Child Development Project Officer, Integrated Child Development Scheme, Panchayat Samiti, Rahuri, Dist.Ahmednagar
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Nature of Litigation
Writ petition challenging Industrial Court's order granting reinstatement with full back wages to an Anganwadi Sevika.
Remedy Sought
Petitioners sought quashing of Industrial Court's order dated 17/09/2013 in Revision ULP No.76/2011.
Filing Reason
Petitioners aggrieved by Industrial Court granting reinstatement with continuity and full back wages to respondent.
Previous Decisions
Labour Court dismissed respondent's complaint (ULP) No.4/2009 on 08/09/2011. Industrial Court allowed revision on 17/09/2013.
Issues
Whether the Industrial Court was justified in granting reinstatement with continuity and full back wages to the respondent despite the Labour Court dismissing her complaint.
Submissions/Arguments
Petitioners argued that the Industrial Court exceeded its jurisdiction and that the termination was justified due to respondent's misdeeds.
Respondent argued that the termination was unjustified and the Industrial Court correctly granted relief.
Ratio Decidendi
The Industrial Court, in exercise of its revision powers, can reappreciate evidence and correct errors of law or fact. The High Court will not interfere under Article 227 unless there is perversity or jurisdictional error. The Industrial Court's order was within its jurisdiction and did not warrant interference.
Judgment Excerpts
Rule. Rule made returnable forthwith. Heard finally by consent of the parties.
The petitioner is the Zilla Parishad, under whose aegis, the Integrated Child Development Scheme is operated.
The petitioners, being aggrieved by the impugned judgment of the Industrial Court dated 17/09/2013 in Revision ULP No. 76/2011, granting the respondent the relief of reinstatement with continuity and full back wages, has preferred this writ petition.
Procedural History
Respondent terminated on 19/21st January 2009. She filed Complaint (ULP) No.4/2009 before Labour Court, Ahmednagar, which was dismissed on 08/09/2011. She filed Revision ULP No.76/2011 before Industrial Court, Ahmednagar, which allowed the revision on 17/09/2013 granting reinstatement with continuity and full back wages. Petitioners filed Writ Petition No.129 of 2014 before Bombay High Court, Aurangabad Bench, which was dismissed on 25/09/2014.
Acts & Sections
- Industrial Disputes Act, 1947:
- Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (MRTU & PULP Act):
