Case Note & Summary
The petitioner, Maan Industries (India) Ltd., challenged the award dated 4.7.2019 passed by the Labour Court, Bhuj-Kutch in Reference (LCB) No. 70 of 2010. The respondent workman was appointed on 6.5.2005 as a Hydro Crane Operator and was made permanent after probation. He was granted leave from 23.6.2010 to 5.7.2010 with an advance of Rs.5,000/-. Upon completion of leave, when he approached the company, he was not permitted to join duty and his services were illegally terminated on 20.7.2010. The workman raised a dispute, which was referred to the Labour Court. The Labour Court, after hearing both sides and appreciating evidence, partly allowed the reference and granted reinstatement with continuity of service and 20% backwages. The employer filed the present petition under Articles 14, 16, 226 and 227 of the Constitution read with the Industrial Disputes Act, 1947. The High Court examined the record and found that the Labour Court had correctly concluded that the termination was illegal as the employer failed to comply with Section 25F of the Industrial Disputes Act, 1947. The employer's contention that the workman had abandoned service was not supported by evidence. The High Court held that the Labour Court's findings were based on proper appreciation of evidence and did not warrant interference under Article 227. The petition was dismissed, and the award of reinstatement with 20% backwages was upheld.
Headnote
A) Industrial Law - Illegal Termination - Section 25F of Industrial Disputes Act, 1947 - Reinstatement with Backwages - The workman was appointed on 6.5.2005 and made permanent after probation. He was granted leave from 23.6.2010 to 5.7.2010 with an advance of Rs.5,000/-. Upon reporting back, he was not permitted to join and his services were illegally terminated on 20.7.2010 without compliance with Section 25F of the Industrial Disputes Act, 1947. The Labour Court found the termination illegal and granted reinstatement with continuity of service and 20% backwages. The High Court upheld the award, noting that the employer failed to prove that the workman abandoned service or that the termination was legal. (Paras 1-6) B) Industrial Law - Reinstatement - Backwages - Section 25F of Industrial Disputes Act, 1947 - The Labour Court awarded 20% backwages, which was not challenged by the workman. The High Court found no reason to interfere with the quantum of backwages as the Labour Court had exercised discretion properly. The employer's petition was dismissed. (Paras 5-6)
Issue of Consideration
Whether the termination of the workman was illegal and whether the Labour Court's award of reinstatement with 20% backwages is sustainable.
Final Decision
The High Court dismissed the petition and upheld the Labour Court's award dated 4.7.2019 granting reinstatement with continuity of service and 20% backwages.
Law Points
- Termination without compliance with Section 25F of Industrial Disputes Act
- 1947 is illegal
- Reinstatement with continuity of service and backwages is appropriate remedy for illegal termination
- Labour Court's findings on facts and evidence are not to be interfered with under Article 227 unless perverse
