Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Industrial Disputes Act 1947: s. 10(1 ) 11 A - Termination of service |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Industrial Disputes Act, 1947:s. 10(1 ), 11 A - Termination of service - Misappropriation of ticket amount by conductor-workman - Order of termination - Criminal case resulting in acquittal - Subsequently, employee reporting to join for duty but informed that his services were terminated - Industrial dispute before Conciliation Officer but the same failed - Reference of dispute to labour court by State Government, as regards termination order - Labour court passing award against employee that reference of industrial dispute as time barred - In writ petition, award not interfered with by the High Court- On appeal, held: Even assuming that there was delay and /aches on the part of the workman in raising the industrial dispute and getting the same'"referenced for adjudication, rejection of the reference by the labour court by answering the additional issue regarding the delay /aches and limitation without adjudicating the points of dispute referred to it on the merits, amounts to failure to exercise its statutory power uls. 11 A - . Furthermore, workman continuously remained absent from his duties, however, termination order was passed without conducting an enquiry as required in law - Also no show cause notice issued to the workman - Conductor being a workman as defined uls. 2(s) is an employee of the respondent authorities and was governed by the Industrial Employment (Standing Orders) Act, 1946 but the disciplinary proceedings were initiated u/r. 7 of the Haryana Civil Services (Punishmentand Appeal) Rules, 1987 - Thus, the principles of natural justice were not followed - Out of the period of unauthorised absence of around five months, conductor was under judicial custody for two months due to the criminal case filed against him at the instance of the respondent - In view thereof and facts of the case, the unauthorised absence period treated as leave without wages - Order of termination passed by the employer, the award passed by the labour court and the judgment of the High Court set aside - Employee to be reinstated, with back wages and other consequential benefits - Constitution of India, 1950 - Art. 311(2)(b). s. 10(1) - Power under - Reference of industrial dispute by the State Government to the labour court for adjudication - Held: As per s. 10(1), the appropriate government 'at any time' may refer an industrial dispute for adjudication, if it is of the opinion that such an industrial dispute between the workman and the employer exists or is apprehended - On facts, no doubt there was a delay in raising the dispute by the conductor; the labour court nevertheless has the power to mould the relief accordingly·- Reference of the industrial dispute by the State Government to the labour court to adjudicate the existing industrial dispute between the parties was made within a reasonable time, considering the circumstances in which the workman was placed. Doctrines/Principles - 'Doctrine of Proportionality' - Principle of - Held: Is to ensure that the action of the employer against employees/workmen does not impinge their fundamental and statutory rights - The Doctrine is to be followed by the employer/employers at the time of taking disciplinary action against their employees/workmen to satisfy the principles of natural justice and safeguard the rights of employees/workmen - On facts, doctrine to be applie.:J to the facts of the case - Order of termination disproportionate to the gravity of misconduct, thus, employee entitled to reinstatement, back wages and other benefits. |
Judge | Hon'ble Mr. Justice V. Gopala Gowda |
Neutral Citation | 2014 INSC 592 |
Petitioner | Raghubir Singh |
Respondent | General Manager, Haryana Roadways, Hissar |
SCR | [2014] 8 S.C.R. 1100 |
Judgement Date | 2014-09-03 |
Case Number | 8434 |
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