Case Note & Summary
The petitioner, Zilla Parishad, Jalgaon, challenged an order dated 2.1.2014 passed by the Labour Court at Jalgaon in Complaint (ULP) No. 21 of 2013. The respondent, Smt. Maya Tukaram Sonawane, was employed as an Arogya Sevika and was dismissed from service on 31.7.2013 for proved misconduct. She filed a complaint under Section 28(1) of the MRTU & PULP Act, 1971, along with an application for interim relief under Section 30(2) of the same Act. The Labour Court, by the impugned order, stayed the termination and directed the petitioner to reinstate the respondent temporarily until final disposal of the main complaint. The High Court, after hearing both sides, noted that the legal position is crystallized that granting interim relief in the nature of reinstatement amounts to granting final relief at an interim stage, which is not permissible. The court relied on the Supreme Court judgment in Public Services Tribunal Bar Association v. State of U.P. (2003) 4 SCC 104, which held that a workman cannot be ordered to be reinstated as an interim measure pending final adjudication. The High Court also referred to its own judgment in Maharashtra State Roadways Transport Corporation v. Syed Saheblal Syed Nijam (2014 III CLR 547). Accordingly, the writ petition was allowed, the impugned order was quashed and set aside, and the Labour Court was directed to decide the main complaint expeditiously without being influenced by the observations made in the judgment.
Headnote
A) Industrial Law - Interim Relief - Reinstatement - Section 30(2) MRTU & PULP Act, 1971 - The Labour Court granted interim reinstatement to the respondent employee who was dismissed for proved misconduct. The High Court held that granting reinstatement as interim relief amounts to granting final relief at an interim stage, which is impermissible as per settled law. The impugned order was quashed and set aside. (Paras 5-8)
Issue of Consideration
Whether the Labour Court could grant reinstatement as an interim relief under Section 30(2) of the MRTU & PULP Act, 1971, pending final disposal of the complaint challenging dismissal.
Final Decision
Writ petition allowed. Impugned order dated 2.1.2014 passed by Labour Court, Jalgaon is quashed and set aside. Labour Court directed to decide main complaint expeditiously without being influenced by observations in this judgment.
Law Points
- Interim relief cannot be in the nature of final relief
- Reinstatement as interim measure is impermissible
- Section 30(2) MRTU & PULP Act does not permit reinstatement pending final adjudication
