Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2015 (7) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (7) TMI 1431 - BOMBAY HIGH COURTDismissal from the service - respondent was granted 50% backwages from the date of attaining superannuation - HELD THAT:- It is apparent that the Labour Court has erred in deciding the preliminary issues concerning the fairness of the enquiry and the findings of the enquiry officer along with all the issues while delivering the impugned judgment. The procedure laid down in law, which has been considered by this Court and followed in the case of MAHARASHTRA STATE ROAD TRANSPORT CORPORATION VERSUS SYED SAHEBLAL SYED NIJAM [2014 (5) TMI 1229 - BOMBAY HIGH COURT], has not been followed by the Labour Court. It could not have decided the preliminary issues along with all the rest of the issues in one stroke while delivering the impugned award. For this reason alone, the impugned award is rendered unsustainable. No purpose would be served by remanding the reference proceedings to the Labour Court for a decision in the light of the ratio laid down by this Court in the case of MAHARASHTRA STATE CO-OPERATIVE COTTON GROWERS MARKETING FEDERATION LTD. AND ORS. VERSUS VASANT AMBADAS DESHPANDE [2014 (1) TMI 1935 - BOMBAY HIGH COURT], and the MSRTC, Beed case [2016 (12) TMI 1905 - SUPREME COURT], since the respondent has already superannuated. His PF accumulations totalling Rs. 1,17,621/- have already been paid to him on 24.12.2002. The 50% of the backwages as were granted by the Labour Court in the impugned award have not been paid. The petitioner submits that the respondent is not entitled for gratuity as the charge of mis-appropriation has been proved against him which involves moral turpitude. The issue is as to whether the matter can be remitted back to the Labour Court for fresh a decision by following the procedure laid down in law. For the said purpose, the respondent who is about 70 years today, will have to prosecute his reference proceeding. Under fortuitous circumstances, the findings of the enquiry officer have been held to be perverse by the Labour Court, thereby setting aside the enquiry. This petition allowed in part by depriving the respondent / employee of gratuity. However, he shall be entitled to the 50% backwages as have been granted by the Labour Court, which is an amount of Rs.1,13,276/- approximately as stated by the petitioner.
|