Let Us Look At Some Of The Reinstatement Cases Before We Proceed To The Actual Case Of Reinstatement Of Workman Serving As Medical Representative In Novartis India Limited !
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Let Us Look At Some Of The Reinstatement Cases Before We Proceed To The Actual Case Of Reinstatement Of Workman Serving As Medical Representative In Novartis India Limited !
REINSTATEMENTS !
Reinstatement with back wages proper when enquiry is vitiated as violative of principles of natural justice.
Delhi Transport Corporation vs. Sh. Ram Kishan (Ex-Driver). 2010 LLR 394 (Del. HC)
Reinstatement with full back wages would be proper where disciplinary proceedings were quashed being based on vague charge sheet.
Balvinder Singh Nigah vs. General Manager (Operations) Hotel Corporation of India Ltd. 2010 LLR 102 (Delhi HC)
When 20 years have been passed and workman worked for only 2 years, lump-sum compensation would be proper instead of reinstatement.
Executive Engineer, Irrigation & Anr. vs. Raj Kumar & Anr. 2010 LLR 21 (Raj. HC)
Reinstatement justified for erecting temporary hutment though unauthorized by sweeper employee.
Life Insurance Corporation of India & Ors. vs. Presiding Officer, Central Government Industrial Tribunal, Kolkata and Ors. 2010 LLR 296 (Cal. HC)
When appointment not made in prescribed procedure and services terminated illegally, compensation in lieu of reinstatement would be proper.
U.P. Power Corporation Ltd. vs. Presiding Officer/Labour Court II, Kanpur and Others. 2010 LLR 375 (All. HC)
Reinstatement with 50% back wages appropriate in case of oral termination.
U.P. Bridge Corporation Ltd., Lucknow vs. Presiding Officer, Industrial Tribunal, Government of Goa and Others. 2010 LLR 346 (Bom. HC)
No reinstatement when workman failed to prove 240 days working.
Saran Kshetriya Gramin Bank and Another vs. Union of India Through Ministry of Labour, Government of India, New Delhi, Through its Secretary and Others. 2010 LLR 360 (Patna HC)
Even temporary employee when completed 240 days will be entitled reinstatement compensation.
Executive Engineer, Palkhed Canal Division, Nashik vs. Pandharinath Chindu Kale. 2010 LLR 539 (Bom. HC)
When the daily-wager was not appointed on a project, his reinstatement would be proper.
M/s Uttar Pradesh Bridge Corp. Ltd. vs. Presiding Officer, Industrial Tribunal, Goa & Ors. 2010 Lab IC 1515 (Bom. HC)
No reinstatement of the workman who was appointed for a specified period.
Executive Engineer, Works Division, Zilla Parishad, Jalgaon vs. Abdul Sami A. Sayeed and Another. 2010(125) FLR 427 (Bom. HC)
Reinstatement rightly awarded when workman proved that he worked for more than 240 days and sec. 25F of ID Act was not complied with.
Vadia Gram Panchayat vs. Pratapbhai Dadbhai Kotila. 2010 Lab IC 2195 (Guj. HC)
Employee will be entitled to reinstatement without back wages when termination was done without complying the provisions of sec. 25F of ID Act.
Sunita Gupta vs. Nagar Palika Parishad, Sabalgarha, Distt. Morena & Anr. 2010 LLR 847 (MP HC)
No reinstatement with back wages to a person who lost lien on job by remaining absent for more than 3 years without explanation.
Indian Coffee Board vs. Presiding Officer, Labour Court No. X and Another. 2010 LLR 989 (Del. HC)
Reinstatement with full back wages in the case of illegal termination is not a settled law. Workman has to prove unemployment during the period. In this case 25% back wages award was appropriate.
Rohitsinh Vakhatsinh Darbar, C/o Gujarat Audhyogik Kamdar vs. Arvind Rubber-Well Control Ltd. 2010 LLR 940 (Guj. HC)
Reinstatement without back-wages in substituting termination for continuous absence of 101 days, after holding he enquiry, would be appropriate since the workman (now deceased) has worked for a long period and comes from a poor family.
Union of India (Rep. by Chief Workshop Manager), Carriage and Wagon Works, Southern Railway), Madras vs. (1) Registrar, Industrial Tribunal Tamil Nadu, Chennai, (2) P.N. Balasundaram. 2010 LLR 1002 (Mad. HC)
Reinstatement with back-wages to be granted when workman sent medical certificate for sick leave and employer presumed voluntary abandonment. Since factory is closed, one lakh compensation granted.
Universal Cylinders Ltd., Alwar vs. Judge, Labour Court, Bharatpur & Dena Nath Mehto. 2010-II CLR 821 (Raj. HC)
Reinstatement itself connote continuity of service.
Punjab State Electricity Board Workers’ Union, Gurdaspur vs. Industrial Tribunal, Chandigarh and Ors. 2010 LLR 1244 (P. & H. HC)
Even when there is violation of sec. 6N of U.P. ID Act regarding retrenchment, reinstatement is not automatic.
Nagar Nigam, Gorakhpur vs. State of U.P. and Others. 2010 LLR 27 (All. HC)
In case of illegal termination of daily wager, compensation and not reinstatement with back wages would be proper.
Nepal Son of Sh. Khichhu Ram vs. Presiding Officer, Labour Court-III, Faridabad and Anr. 2010 III CLR 565
Is It Mandatory To Conduct A Departmental Enquiry – Prior To Terminating The Services Of A Workman On The Ground Of ‘Loss Of Confidence’ or without conducting an enquiry or without an opportunity to be heard ?
The Principles of Natural Justice requires that no man shall be punished unheard. Particularly, in any disciplinary action against an employee relating to his performance or behavioral issues, a departmental or domestic enquiry is indispensable before awarding any punishment.
When the imputation is about misconduct or loss of confidence, it is all the more inevitable to conduct a departmental enquiry affording all reasonable opportunity to the aggrieved person . Misconducts have to be established against the person.
Let us closely examine the case in particular – Case Title – NOVARTIS INDIA LIMITED vs. THE CHAIRMAN CUM PRESIDNG. OFFR. INDUS.TRIB. CUM LABOUR, VSKPTNMAN Citation: 2023 (AP) 17
Brief Facts :
The workman was serving as Medical Representative in Novartis India Limited. In 2001 he was transferred from Kakinada to Davanagere. However the workman requested the management to retain him at Kakinada to look after his aged parents. The request was declined and he was directed to proceed to Davanagere and report for duty with effect from 12.11.2001. Then, the workmen applied for sick leave and he was referred to the Civil Surgeon Government Hospital for a second opinion. The Civil Surgeon examined the workman and told the company that he required 10 days for complete healing.
In November 2001, the management granted 10 days sick leave from 21.11.2001 to 30.11.2001 to the workman. He was directed to report for duty at Devaragere on 01.12.2001. Thereafter, the workman did not report for duty at Devanagere but sent a telegram asking for privilege leave for an unspecified period which was rejected by the petitioner and the workman was directed to report for duty to the Sales Manager on 19.4.2002. But, he did not do so.
In April 2002, the petitioner by its final letter directed the workman to report for duty at Devanagere by 10.00 A.M on 04.05.2002 and warned him that if he failed to report for duty, action will be taken. The workman did not report for duty. The petitioner by order dated 08.05.2002 terminated the services of the respondent workman.
Being aggrieved by the termination order, the workman moved application under Section 2-A (2) of the Industrial Disputes Act before the Industrial Tribunal cum Labour Court mainly on the ground that the termination order came to be passed without conducting any enquiry, no charges are framed and no opportunity was given to him to put forth his case. It was argued that same is against the principles of natural justice.
The Labour Court on 05.01.2009 held that no enquiry was conducted before passing the termination order and even before the Tribunal, no evidence was placed in support of its termination by the petitioner. It was held respondent workman’s service was put to an end without following the procedure.
Justice Rao also observed that when punishment is put to judicial review, it should satisfy as to its proportionality to the misconduct.
“All these tests could be applied only when there is employee and a finding. If the management resolves to terminate the services as a measure of punishment without following the principles of natural justice, thereby avoid judicial scrutiny of the administrative action, the only consequence is to order re order reinstatement of the employees, which is a justifiable order that can be passed in the opinion of the Labour Court,” the court said.
Hence, the court rejected the contention of the counsel for the petitioner that no enquiry need to be conducted before his termination as he himself absconded from duties, application under Section 2-A2 of the Industrial Disputes Act.
The Labour Court after elaborately considering the contentions of the parties passed well reasoned and articulated Award. It does not suffer from any legal infirmities,” it said.
In light of the above, the court ruled that decision of the Labour Court to reinstate the workman does not suffer from any error of the fact and law which warrants interference of the High Court by exercising the power of writ of certiorari jurisdiction under Article 226 of the Constitution
Case Title- Novartis India Limited Vs. The Chairman Cum Presidng. Offr. Indus.Trib. Cum Labour, Vskptnman Citation: 2023
CONCLUSION – The Principle Of Natural Justice Was Flawed By The Peititioner …. !
The Andhra Pradesh High Court has upheld the decision of the Labour Court to reinstate a workman, who was terminated by a private company for not joining the service on the notified date, without holding the enquiry and following the principle of natural justice.
Can the award of Labour court be challenged in any court of law?
If the industrial award is not satisfactory , award of any tribunal or court can be challenged when there is miscarriage of justice , flagrant violation of law , or violation of principle of natural justice.
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