Labour & Service Weekly Round-Up: 22nd April to 28th April 2024

Allahabad High CourtIndustrial Disputes Act | Labour Court Has Ample Power To Examine Correctness Of Finding Of Inquiry Officer In Discharge Or Dismissal Order: Allahabad High CourtCase Title: Charan Pal Singh vs. Presiding Officer Labour Court Second Up Ghaziabad And Another 2024 LiveLaw (AB) 264Case Citation: 2024 LiveLaw (AB) 264The Allahabad High Court single bench of Justice Dinesh Pathak held that the Labour Court has been given ample power under Section 11-A of the Industrial Disputes Act, 1947 to examine the correctness of the finding returned by the Inquiry Officer in passing the discharge or dismissal order.The High Court held that Section 11 of the Industrial Disputes Act denotes the power of the Labour Courts/ Tribunal/ National Tribunal to give appropriate relief in case of discharge or dismissal of workman. It held that while examining the matter for granting relief to the workman, Labour Court is entrusted power to examine the legality and validity of the discharge/dismissal order.Bombay High CourtLengthy Period Of Absence Without Leave Documentation Is Unjustified, Bombay High Court Reduces Back Wages Of MSRTC's EmployeeCase Title: Maharashtra State Road Transport Corporation vs Shri Dattatraya Ganpat BankheleCase No.: Writ Petition No. 2574 of 2017The High Court of Bombay single bench of Justice Sandeep V. Marne held that lengthy periods of absence from duty without proper leave documentation are unjustified, regardless of the plausibility of the reason behind the absence.The High Court acknowledged that the Labour Court's decision of reinstatement of the absent employee with 25% back wages could not be reversed as the employer failed to challenge it. However, the Industrial Court was unjustified to increase the back wages to 100%, in the absence of concrete reasons.Abandonment Of Service Needs To Be Established By Conduction Of Enquiry: Bombay High CourtCase No.- Writ Petition NO. 1025 OF 2024Case Name- Bhushan Industries vs Lohasingh Ramavadh YadavA single judge bench of the Bombay High Court comprising of Justice Sandeep V. Marne while deciding a Writ Petition in the case of Bhushan Industries vs Lohasingh Ramavadh Yadav has held that abandonment of service is a question of fact that needs to be established by conduction of an enquiry.The court further observed that abandonment of service is a question of fact that needs to be established by conduction of an enquiry. If the Petitioner actually believed that the Respondent has abandoned his services, at least a show cause notice ought to have been issued to the Respondent. Since correspondence was on going between the Petitioner and the Respondent, it was possible for the Petitioner to conduct an enquiry accusing the Respondent of absconding from his duties.Undisputed Employer-Employee Relationship Must For Proceedings Under Contract Labour (Regulation & Abolition) Act, 1970: Bombay High Court Set Asides Industrial Court OrderCase Title: Indus Towers Limited vs Rajendra Patil (Yedravkar) andAnr. and Connected Matter.Case Number: WRIT PETITION NO.1858 OF 2024The Bombay High Court single bench of Justice Amit Borkar held that for the proceedings under the provisions of Contract Labour (Regulation & Abolition) Act, 1970, the relationship between employer-employee should be undisputed. The court held that in absence of such a relationship, the labour court or the industrial court doesn't have any jurisdiction to deal with the matter falling under the provisions of Contract Labour (Regulation & Abolition) Act, 1970.The High Court referred to the decision of Supreme Court in Cipla, Ltd Vs. Maharashtra General Kamgar Union reported in (2001) 2 L.L.N. 19 and underscored the pivotal role of an undisputed employer-employee relationship in invoking the jurisdiction of labor courts or industrial adjudicating authorities. It held that unless such a relationship is firmly established, inquiries into unfair labor practices cannot be initiated under the Contract Labour (Regulation & Abolition) Act.Calcutta High CourtEmployee Entitled To Interest On Withheld Gratuity Amount On Acquittal In Criminal Proceedings: Calcutta High CourtCase No.- WP. CT 154 of 2023Case Name- Md. Farid Vs. Union of India & OrsA Division Bench of the Calcutta High Court comprising of Justice Tapabrata Chakraborty and Justice Uday Kumar while deciding a Writ Petition in the case of Md. Farid Vs. Union of India & Ors has held that an employee is entitled to interest on the withheld amount of gratuity upon acquittal in the criminal proceedings pending against him on the date of his retirement.The court further held that:“When the employee has been acquitted in the criminal proceeding which was pending against him at the time of superannuation, he cannot be held to be at fault disentitling him to the interest over the gratuity amount on and from the date of his superannuation till the date of his acquittal in the concerned criminal proceeding”The court thus observed that the gratuity...

Labour & Service Weekly Round-Up: 22nd April to 28th April 2024

Rajesh Kumar

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