In Wrongful Termination Of Service, Reinstatement With Continuity Of Service & Back Wages To Workman Is Normal Rule: Telangana High Court

Brief Facts of the Case

The appeal arose out of order dated 21.10.2016 in a writ petition. The facts of the case revealed that workman was subjected to disciplinary proceedings by issuing a charge sheet in 2000 and thereafter, an enquiry was held in the matter. The enquiry officer had held the charges proved against the workman and the disciplinary authority had passed an order of punishment on 07.05.2001, against which an appeal was preferred and the same was also rejected by the appellate authority.

The workman preferred a petition under Section 2A(2) under the Industrial Disputes Act, 1947. The Industrial Tribunal directed reinstatement of the workman into service with 50% back wages vide award in 2005.

The employer being aggrieved by the award passed by the Industrial Tribunal filed a Writ Petition and the award passed by the Tribunal was upheld.

Finding of the Court

The Division Bench comprising of Chief Justice Satish Chandra Sharma and Justice Abhinand Kumar Shavili carefully examined the award passed by the Industrial Tribunal. The finding of facts arrived at by the Industrial Tribunal made it very clear that the workman was not guilty of the charges levelled against him. Furthermore, the Enquiry officer was unjustified, in the absence of evidence, to hold the charges proved. The same had been affirmed by the Single Judge in its impugned order in Writ Petition.

Furthermore, in respect of the reliefs, the Single Judge in the impugned order relied on A.L. Kalra v. The Project and Equipment Corporation of India Limited (1984), in which the Supreme Court while dealing with the issue of payment of back wages after holding his removal from service as illegal, held that though he was employed elsewhere during the period of his removal still he was entitled to 50% of the back wages.

The Apex Court in J.K. Synthetics Ltd. v. K.P. Agrawal (2007) held that in cases of wrongful termination of service, reinstatement with continuity of service and back wages was the normal rule. However, the adjudicating authority may have to also take into consideration the length of service of the workman, the nature of misconduct, financial condition of the employer and similar other factors while deciding the issue of back wages.

Therefore, the Court did not interfere with the impugned Order and confirmed the reinstatement of workman into service. The Writ Appeal was dismissed.

Case Title: D.M., TSRTC V. GOLLAMANDALA SUBBA RAJU ANO.

Citation: 2022 LiveLaw (Tel) 33

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