Case Note & Summary
The case involves two Letters Patent Appeals filed by the Forest Department against orders of the Labour Court and Industrial Court in favour of the employee, Umeshwar Keshav Kathwate. The respondent was appointed as a Forest Guard on 23.12.2003 on a temporary and adhoc basis, selected due to his status as a Nomadic Tribe (C) candidate. His caste claim was validated by a competent committee on 14.1.2004. Subsequently, he was sent for physical examination for training, where his height was found to be 160 cm instead of the required 163 cm. Based on this, the appellants terminated his services by order dated 29.1.2005 without any prior notice or enquiry. The respondent challenged the termination before the Labour Court under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (MRTU and PULP Act). The Labour Court granted interim relief on 24.3.2005 directing reinstatement. The appellants challenged this order before the Industrial Court, which upheld the Labour Court's order. The present appeals were filed against the Industrial Court's order. The High Court noted that the appellants were not represented at the hearing, and the respondent's counsel argued that the termination was without any enquiry and therefore an unfair labour practice. The Court observed that the appointment was made after due process and the caste claim was validated; the height deficiency was discovered later. The Court held that termination without any enquiry or opportunity of hearing constitutes an unfair labour practice under Item 1 of Schedule IV of the MRTU and PULP Act. The Court dismissed the appeals, confirming the interim relief of reinstatement granted by the Labour Court.
Headnote
A) Industrial Law - Unfair Labour Practice - Termination without Enquiry - Section 28 read with Section 30 and Item 1 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 - The respondent was appointed as Forest Guard and his caste claim was validated, but later terminated due to height deficiency discovered during physical examination - The Labour Court granted interim relief of reinstatement, which was upheld by the High Court - Held that termination without proper enquiry and without affording opportunity is an unfair labour practice (Paras 2-6).
Issue of Consideration
Whether termination of an employee on the ground of height deficiency after appointment and caste validation constitutes unfair labour practice under the MRTU and PULP Act, 1971.
Final Decision
The High Court dismissed both Letters Patent Appeals, confirming the orders of the Labour Court and Industrial Court granting interim relief of reinstatement to the respondent.
Law Points
- Unfair labour practice
- termination without enquiry
- interim relief
- reinstatement
- height requirement
- appointment validity
Case Details
2017 LawText (BOM) (11) 138
Letters Patent Appeal Nos. 380/10 & 381/10 (Arising out of Writ Petition No. 1039 of 2008 and Writ Petition No. 1278 of 2009)
B.P. Dharmadhikari, Mrs. Swapna S. Joshi
Mr. A.R. Patil for respondent no.1, Mr. V.P. Maldhure, Assistant Government Pleader for respondent no.2
Conservator of Forest, North Division Forest, Chandrapur; Deputy Conservator of Forest, Forest Division, Chandrapur; Range Forest Officer, Mul, Dist. Chandrapur
Shri Umeshwar Keshav Kathwate; Member, Industrial Court, Chandrapur
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Nature of Litigation
Letters Patent Appeals against orders of Labour Court and Industrial Court granting interim relief of reinstatement to an employee terminated on ground of height deficiency.
Remedy Sought
Appellants (Forest Department) sought to set aside the orders of Labour Court and Industrial Court directing reinstatement of the respondent employee.
Filing Reason
The respondent was terminated from service as Forest Guard on the ground that his height was 160 cm instead of the required 163 cm, after his appointment and caste validation.
Previous Decisions
Labour Court granted interim relief of reinstatement on 24.3.2005; Industrial Court upheld that order.
Issues
Whether termination of an employee without any enquiry or opportunity of hearing constitutes an unfair labour practice under the MRTU and PULP Act, 1971.
Whether the Labour Court was justified in granting interim relief of reinstatement pending final adjudication.
Submissions/Arguments
Appellants argued that the respondent did not possess the requisite height and thus could not have been selected as Forest Guard.
Respondent argued that termination without any enquiry is an unfair labour practice and the interim relief was justified.
Ratio Decidendi
Termination of an employee without any enquiry or opportunity of hearing constitutes an unfair labour practice under Item 1 of Schedule IV of the MRTU and PULP Act, 1971. The Labour Court was justified in granting interim relief of reinstatement to protect the employee's rights pending final adjudication.
Judgment Excerpts
Respondent Umeshwar was provided employment as Forest Guard by appellants in payscale of 2750703800754400 as per order of appointment dated 23.12.2003.
He was, therefore, discontinued by order dated 29.1.2005.
Umeshwar challenged this termination in Complaint (ULP) No. 11/05 under Section 28 read with Section 30 and Item 1 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971.
Procedural History
The respondent was appointed as Forest Guard on 23.12.2003. His caste claim was validated on 14.1.2004. He was terminated on 29.1.2005 due to height deficiency. He filed Complaint (ULP) No. 11/05 before the Labour Court, which granted interim relief of reinstatement on 24.3.2005. The appellants challenged this order before the Industrial Court, which upheld it. The appellants then filed Writ Petition No. 1039 of 2008 and Writ Petition No. 1278 of 2009 before the High Court, which were dismissed. The present Letters Patent Appeals were filed against those dismissals.
Acts & Sections
- Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971: Section 28, Section 30, Item 1 of Schedule IV
