Case Note & Summary
The petitioners, the Chief Executive Officer of Zilla Parishad, Jalgaon and the Bal Vikas Prakalp Adhikari, challenged the judgment and order dated 17.5.2014 of the Labour Court, Jalgaon, which partly allowed Complaint (ULP) No.38/2008 filed by respondent no.1, Anita Sitaram Mali. The Labour Court directed the petitioners to pay Rs.75,000 to the respondent-employee in lieu of reinstatement and full back wages. The respondent had worked as a 'Maid' under the Bal Vikas Prakalp Adhikari from 1.8.2005 to 28.2.2008, a period of about 2 years and 7 months, on an irregular appointment. The Labour Court found that the termination amounted to an unfair labour practice but, considering the short tenure and irregular appointment, awarded compensation instead of reinstatement. The High Court held that the Labour Court had exercised its discretion properly and that the compensation of Rs.75,000 was just and proper. The writ petition was dismissed, and the order of the Labour Court was upheld.
Headnote
A) Industrial Law - Unfair Labour Practice - Compensation in lieu of reinstatement - Section 30 of Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 - Labour Court awarded Rs.75,000 to respondent-employee who worked for about 2 years 7 months on irregular appointment - Held that compensation is just and proper considering the short tenure and irregular nature of appointment, and no interference warranted (Paras 1-6).
Issue of Consideration
Whether the Labour Court was justified in awarding compensation of Rs.75,000 in lieu of reinstatement and back wages to an employee whose appointment was irregular and who had worked for a short period.
Final Decision
The writ petition is dismissed. The judgment and order dated 17.5.2014 of the Labour Court, Jalgaon, is upheld. Rule is discharged. No order as to costs.
Law Points
- Compensation in lieu of reinstatement
- Irregular appointment
- Discretion of Labour Court
- Section 30 of MRTU & PULP Act
- 1971
Case Details
2016 LawText (BOM) (02) 15
Writ Petition No.8210 of 2015
Smt. Chaitali R. KuttiChoudhary for petitioners, Shri Vinod Prakash Patil for respondent no.1, Smt. V.D. Jadhav for respondent no.2
The Chief Executive Officer, Zilla Parishad, Jalgaon and Bal Vikas Prakalp Adhikari, Ekatmik Balvikas Seva Yojna, Amalner
Anita Sitaram Mali and Bal Vikas Prakalp Adhikari, Ekatmik Balvikas Seva Yojna, Shindkheda
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Nature of Litigation
Writ petition challenging the judgment and order of the Labour Court partly allowing a complaint of unfair labour practice.
Remedy Sought
Petitioners sought to quash the Labour Court's order directing payment of Rs.75,000 to respondent no.1 in lieu of reinstatement and back wages.
Filing Reason
Petitioners were aggrieved by the Labour Court's order awarding compensation to the employee whose appointment was irregular and who had worked for a short period.
Previous Decisions
Labour Court, Jalgaon, partly allowed Complaint (ULP) No.38/2008 on 17.5.2014, directing payment of Rs.75,000 in lieu of reinstatement and full back wages.
Issues
Whether the Labour Court's award of compensation in lieu of reinstatement was justified given the irregular appointment and short tenure of the employee.
Submissions/Arguments
Petitioners argued that the appointment of respondent no.1 was irregular and she had worked only for about 2 years 7 months, hence reinstatement and back wages were not warranted.
Respondent no.1 supported the Labour Court's order, contending that the compensation was just and proper.
Ratio Decidendi
The Labour Court has discretion to award compensation in lieu of reinstatement when the employee's appointment is irregular and the tenure is short. The compensation of Rs.75,000 was held to be just and proper, and no interference was warranted.
Judgment Excerpts
The Labour Court has exercised its discretion and has awarded compensation of Rs.75,000/- in lieu of reinstatement and full back wages.
Considering the fact that the respondent no.1 had worked for about 2 years and 7 months on an irregular appointment, the compensation of Rs.75,000/- appears to be just and proper.
Procedural History
Respondent no.1 filed Complaint (ULP) No.38/2008 before the Labour Court, Jalgaon, which was partly allowed on 17.5.2014. The petitioners filed the present writ petition challenging that order.
Acts & Sections
- Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971: 30
