9911796707
TMI Blog2006 (2) TMI 708X X X X Extracts X X X X X X X X Extracts X X X X ..... undisputed would suffice: Respondents who claimed to be employee of the appellant-Corporation claimed before the Labour Court, Hyderabad (in short 'the Labour Court') that their services were illegally terminated. Reference was made by the State Government under the Industrial Disputes Act, 1947 (in short the 'Act'). Appellant-Corporation took the stand that they were not its employees and, in fact, were employees of independent contractors. The Labour Court did not accept the stand and held that the termination was bad and the concerned applicants were entitled for reinstatement. It is not in dispute that the appellant-Corporation has reinstated the respondents. Subsequently, the respondents filed application before the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e shall be entitled to the benefit of the increments earned during the period of absence. In our opinion, the employee after having been held guilty of unauthorized absence from duty cannot claim the benefit of increments notionally earned during the period of unauthorized absence in the absence of a specific direction in that regard and merely because he has been directed to be reinstated with the benefit of continuity in service." The above position was re-iterated in A.P. State Road Transport Corporation and Ors. v. Abdul Kareem (2005 (6) SCC 36) and in Rajasthan State Road Transport Corporation and Ors. v. Shyam Bihari Lal Gupta (2005 (7) SCC 406). In the case of State Bank of India vs. Ram Chandra Dubey & Ors., (2001) 1 SCC 73, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it or one flowing from a pre-existing right. The difference between a pre-existing right or benefit on one hand and the right or benefit, which is considered just and fair on the other hand is vital. The former falls within jurisdiction of Labour Court exercising powers under Section 33-C(2) of the Act while the latter does not. It cannot be spelt out from the award in the present case that such a right or benefit has accrued to the workman as the specific question of the relief granted is confined only to the reinstatement without stating anything more as to the back wages. Hence that relief must be deemed to have been denied, for what is claimed but not granted necessarily gets denied in judicial or quasi- judicial proceeding. Further w ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
