Case Note & Summary
The petitioner-workman, Jayantibhai Merubhai Patel, filed a Special Civil Application under Articles 226 and 227 of the Constitution of India read with the Industrial Disputes Act, 1947, challenging the judgment and award dated 18.06.2019 passed by the Labour Court, Ahmedabad in Reference (LCV) No. 490 of 2011. The Labour Court had partly allowed the reference in favour of the workman, granting reinstatement with continuity of service but without backwages. The brief facts are that by Resolution No. 139 dated 10.06.2010, the respondent No.1 (Ahmedabad Municipal Transport Services) deleted the name of the petitioner-workman from the waiting list and muster roll with retrospective effect from 13.02.2007 without giving him an opportunity of hearing and without following due procedure of law. Aggrieved, the workman filed a complaint before the Assistant Labour Commissioner, which after failure of conciliation, was referred to the Labour Court. The workman alleged that the deletion was in vengeance due to a previous reference filed by the union. The Labour Court, after considering evidence, partly allowed the reference. The High Court, in the present petition, examined the legality of the award. The court noted that the Labour Court had exercised its discretion in denying backwages, and the workman failed to prove that he was not employed elsewhere. The High Court found no perversity or illegality in the award and dismissed the petition, upholding the Labour Court's decision.
Headnote
A) Industrial Law - Reinstatement - Backwages - The Labour Court partly allowed the reference and granted reinstatement with continuity of service but without backwages. The High Court upheld the award, finding no error in the Labour Court's discretion to deny backwages as the workman did not prove he was unemployed. (Paras 1-3)
Issue of Consideration
Whether the deletion of the petitioner-workman's name from the waiting list and muster roll with retrospective effect without giving opportunity of hearing and without following due procedure of law is justified, and whether the Labour Court's award of reinstatement without backwages is proper.
Final Decision
The High Court dismissed the petition, upholding the Labour Court's award of reinstatement without backwages.
Law Points
- Natural justice
- Reinstatement without backwages
- Industrial Dispute
- Deletion from muster roll without opportunity of hearing
