Case Note & Summary
The petitioner, Baburao Koli, was employed as a Driller with the respondent company, J.P. Extrusiontech Ltd., since 01.02.1996, with a last drawn salary of Rs. 16,804/-. He was terminated from service after an enquiry was initiated against him. Aggrieved, he raised an industrial dispute before the Assistant Labour Commissioner, who made a reference under Section 10(1)(c) of the Industrial Disputes Act, 1947 to the Labour Court. The Labour Court, by award dated 18.04.2019 in Reference (LCB) No.81 of 2018, set aside the termination and ordered reinstatement with full back wages. The employer challenged this award before the Gujarat High Court under Articles 226 and 227 of the Constitution. The High Court examined the facts and found that the Labour Court had correctly concluded that the enquiry was not properly conducted and that the workman was not given a fair opportunity of hearing. The High Court noted that the Labour Court's findings were based on evidence and were not perverse. The court also considered that the workman had been out of service for a long time and that the employer had not paid any subsistence allowance during the enquiry. The High Court held that the Labour Court's order of reinstatement with full back wages was justified and did not warrant interference. The petition was dismissed, and the award of the Labour Court was upheld.
Headnote
A) Industrial Law - Termination of Service - Enquiry - Natural Justice - Industrial Disputes Act, 1947, Section 10(1)(c) and Section 11A - The workman was terminated after an enquiry, but the Labour Court found that the enquiry was not properly conducted and no opportunity of hearing was given to the workman. The Labour Court set aside the termination and ordered reinstatement with full back wages. The High Court upheld the award, holding that the Labour Court's findings were based on evidence and no interference was warranted. (Paras 1-7) B) Industrial Law - Reinstatement - Full Back Wages - Industrial Disputes Act, 1947, Section 11A - The Labour Court has discretion to award full back wages upon setting aside illegal termination. The High Court held that the Labour Court's order of reinstatement with full back wages was justified as the termination was illegal and the workman had been out of service for a long period. (Paras 5-7)
Issue of Consideration
Whether the Labour Court was justified in ordering reinstatement with full back wages after setting aside the termination order, and whether the High Court should interfere with such award under Articles 226 and 227 of the Constitution of India.
Final Decision
The High Court dismissed the petition and upheld the Labour Court award dated 18.04.2019 ordering reinstatement of the workman with full back wages.
Law Points
- Industrial Disputes Act
- 1947
- Section 10(1)(c)
- Section 11A
- Reinstatement
- Full Back Wages
- Enquiry
- Natural Justice
