Case Note & Summary
The petitioner, ITM Vocational University, challenged the judgment and award dated 01.08.2023 passed by the Labour Court, Vadodara in Reference (LCV) No. 555 of 2017. The respondent-workman, Khodsing Fatehsing Lakum, joined the petitioner University on 28.02.2013 as a Driver (Non-Teaching Staff). His services were terminated by oral order on 01.08.2016. The workman approached the Labour Court by way of a Claim Form (Exh.-4) seeking a declaration that the termination was illegal, unlawful, and bad in law. The petitioner filed a detailed Written Statement on 23.09.2019. After hearing the parties and examining oral and documentary evidence, the Labour Court partly allowed the Reference and directed the petitioner to reinstate the respondent with continuity of service along with 50% backwages. Aggrieved, the petitioner filed the present petition under Articles 226 and 227 of the Constitution of India read with the Industrial Disputes Act, 1947. The High Court heard learned counsel Mr. Manan Bhatt for the petitioner and Mr. Robin Prasad for the respondent. The Court noted that the termination was without any inquiry and without compliance with Section 25F of the Industrial Disputes Act, 1947. However, considering that the workman was gainfully employed during the period, the Court modified the award to reduce backwages from 50% to 30%. The rest of the award, including reinstatement with continuity of service, was confirmed. The petition was partly allowed.
Headnote
A) Industrial Law - Termination - Illegal Termination - Section 25F, Industrial Disputes Act, 1947 - The respondent-workman was terminated by oral order without any inquiry or compliance with Section 25F. The Labour Court held the termination illegal and directed reinstatement with continuity of service and 50% backwages. The High Court upheld the reinstatement but reduced backwages to 30% considering the workman's gainful employment. (Paras 1-7) B) Industrial Law - Backwages - Reduction - Section 25F, Industrial Disputes Act, 1947 - The High Court modified the backwages from 50% to 30% as the workman was gainfully employed during the period of termination, balancing the interests of both parties. (Para 7)
Issue of Consideration
Whether the termination of the respondent-workman was legal and justified, and whether the Labour Court's award of reinstatement with 50% backwages is sustainable.
Final Decision
The petition is partly allowed. The impugned judgment and award dated 01.08.2023 passed by the Labour Court, Vadodara in Reference (LCV) No. 555 of 2017 is modified to the extent that the respondent-workman shall be entitled to 30% backwages instead of 50%. The rest of the award remains confirmed. Rule is made absolute to the aforesaid extent.
Law Points
- Termination without inquiry is illegal
- Reinstatement with continuity of service
- Backwages reduced due to gainful employment
- Section 25F Industrial Disputes Act
- 1947
