Case Note & Summary
The petitioner, the District Women and Child Welfare Officer, Beed, challenged the judgment and order dated 08/11/2012 of the Labour Court, Aurangabad in Ref.(IDA) No.9/2004. The Labour Court had quashed the oral termination of the respondent, Sunita Arun Barbade, a daily wager cook, dated 07/01/2003, and directed her reinstatement on the same post with continuity of service but without back wages. The petitioner contended that the respondent had worked only for 52 days between 30/07/2000 and 26/03/2001, and that the Labour Court erred in relying solely on the respondent's unchallenged affidavit without corroborative documentary evidence. The respondent argued that the petitioner failed to cross-examine her or respond to a notice for production of documents, leaving the Labour Court with no option but to accept her statement. The High Court, after considering the submissions, held that the Labour Court's finding of continuous service from 01/07/2000 to 07/01/2003 was based on the unchallenged affidavit of the respondent, which the petitioner did not cross-examine. The court noted that the petitioner had the opportunity to lead evidence but failed to do so. The High Court found no perversity or error of law in the Labour Court's award and dismissed the writ petition, upholding the reinstatement with continuity but without back wages.
Headnote
A) Industrial Disputes Act, 1947 - Termination of Service - Daily Wager - Reinstatement - The Labour Court quashed oral termination of a daily wager cook and ordered reinstatement with continuity but without back wages, relying on the workman's unchallenged affidavit. The High Court upheld the award, noting that the employer failed to cross-examine the workman or produce evidence despite a notice for production of documents. Held that the Labour Court's finding of continuous service from 01/07/2000 to 07/01/2003 was based on unchallenged evidence and cannot be interfered with in writ jurisdiction (Paras 2-8).
Issue of Consideration
Whether the Labour Court erred in relying solely on the unchallenged affidavit of the workman to conclude continuous service and order reinstatement with continuity but without back wages.
Final Decision
The High Court dismissed the writ petition, upholding the Labour Court's award of reinstatement with continuity of service but without back wages.
Law Points
- Burden of proof in termination disputes
- Unchallenged affidavit evidence
- Reinstatement without back wages for daily wager
Case Details
2015 LawText (BOM) (06) 16
Writ Petition No.229 of 2014
Mrs.Y.M.Kshirsagar, AGP for State; Mr.Pradeep L.Shahane, Advocate for respondent
The District Women and Child Welfare Officer, Beed
Sunita Arun Barbade, Shramik Trade Union Centre, Bashirganj, Beed, Dist.Beed
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Nature of Litigation
Writ petition challenging Labour Court award reinstating a daily wager cook with continuity but without back wages.
Remedy Sought
Petitioner sought quashing of Labour Court award dated 08/11/2012.
Filing Reason
Petitioner challenged the Labour Court's finding of continuous service and order of reinstatement.
Previous Decisions
Labour Court, Aurangabad in Ref.(IDA) No.9/2004 dated 08/11/2012 quashed oral termination and ordered reinstatement with continuity but without back wages.
Issues
Whether the Labour Court erred in relying solely on the unchallenged affidavit of the workman to conclude continuous service.
Whether the award of reinstatement without back wages is sustainable.
Submissions/Arguments
Petitioner argued that the respondent worked only 52 days and that the Labour Court should not have relied on her mere statement without corroborative evidence.
Respondent argued that the petitioner failed to cross-examine her or respond to a notice for production of documents, leaving the Labour Court with no option but to accept her unchallenged statement.
Ratio Decidendi
In a termination dispute, if the employer fails to cross-examine the workman or lead evidence despite opportunity, the Labour Court can rely on the workman's unchallenged affidavit to find continuous service. Reinstatement without back wages is appropriate for a daily wager.
Judgment Excerpts
The Labour Court was left with no option but to accept the statement of the respondent as it was unchallenged.
The petitioner had taken a stand that though it had a permanent post of a Cook, the respondent was engaged on daily wages on account of the absence of the permanent Cook.
Procedural History
The respondent was orally terminated on 07/01/2003. She raised an industrial dispute which was referred to the Labour Court, Aurangabad as Ref.(IDA) No.9/2004. The Labour Court passed an award on 08/11/2012 quashing the termination and ordering reinstatement with continuity but without back wages. The petitioner challenged this award by filing Writ Petition No.229 of 2014 before the Bombay High Court, which was dismissed on 23/06/2015.
Acts & Sections
- Industrial Disputes Act, 1947:
