There is a general perception that in case court reaches to conclusion that the termination done by employer is illegal,it awards reinstatement with full back wages. What is the current trends in court decisions? Is still reinstatement with back wages are normally granted in majority of cases?
No! in case of illegal termination , now automatic reinstatement with back wages in no more a rule. S.C. in the case of Raj kumar vs.jalgaon Minicipal Corporation 2013 LLR305 has held that reinstatement is not must for every sacked worker. Calcutta Hc in the case of Bata India Ltd. Vs.Fourth I.T West Bengal 2011 LLR 68 has held that even in the case of illegal termination reinstatement with back wages is no longer a rule.When the termination of a workman is set aside, his reinstatement either with or without back wages is not a rule of thumb and can be deviated by the courts depending upon the merits of each case. There are some of the cases where High Courts have set aside the reinstatement of a workman as awarded by the Labour Court or the Industrial Tribunal. Madras HC in the case of M.V. Sivaji vs. Godrej and Boyce Manufacturing Co. Ltd., Madras and another, 1998 LLR 483 has held that reinstatement of a typewriter mechanic dismissed for forging signatures of the customers is liable to be quashed. In another case Kerala HC, S. Raveendranath Kamoth vs. Presiding Officer, Labour Court and another, 1998 LLR 632 had held that reinstatement will not be appropriate relief to a workman who has been guilty of late coming, neglecting his duties and abusing the Director of the Company. Also reinstatement of a workman guilty of stoppage of work and assaulting the Asstt. Manager and Canteen Contractor has been set aside by the Madras HC even when his past record has been satisfactory. In another case, the Delhi HC, India Tourism Development Centre vs. Presiding Officer, Labour Court and others, 2000 (85) LLR 62 has held that the reinstatement of a workman guilty of habitual absence from duties will not be justified. In addition to above, there are many other judgments oft he Supreme Court and the High Courts where by the reinstatement has been held not to be justified. More over, Now the courts have started awarding lump sum compensation in place of reinstatement and back wages.
We have many employees in our company who are marked LWP ( Leave without pay) when they remain absent. They do it habitually. In such situation can we take disciplinary action against such employees on the ground of unauthorized absence?
Yes. You can do . Absence from duty shows negligence towards duty and disinterest in work. The Supreme Court in the case of Delhi Transport Corporation v. Sardar Singh, 2004 LLR 953 has clarified that when an employee habitually absents himself from duty without sanctioned leave for a very long period and his past record was not satisfactory, it prima facie shows negligence and lack of interest in work.It was further held that merely because the absence of a workman was treated as leave without pay for the purpose of maintaining correct record by the management, it does not absolve a workman from the misconduct of his habitual absence from duty. It makes no difference if workman moves an application after enjoying absence and he is marked as leave without pay. Actually leave is to be sanctioned before proceeding on leave.
We have many employees in our company who are marked LWP ( Leave without pay) when they remain absent. They do it habitually. In such situation can we take disciplinary action against such employees on the ground of unauthorized absence?
Yes. You can do . Absence from duty shows negligence towards duty and disinterest in work. The Supreme Court in the case of Delhi Transport Corporation v. Sardar Singh, 2004 LLR 953 has clarified that when an employee habitually absents himself from duty without sanctioned leave for a very long period and his past record was not satisfactory, it prima facie shows negligence and lack of interest in work.It was further held that merely because the absence of a workman was treated as leave without pay for the purpose of maintaining correct record by the management, it does not absolve a workman from the misconduct of his habitual absence from duty. It makes no difference if workman moves an application after enjoying absence and he is marked as leave without pay. Actually leave is to be sanctioned before proceeding on leave.
There is a general perception that in case court reaches to conclusion that the termination done by employer is illegal,it awards reinstatement with full back wages. What is the current trends in court decisions? Is still reinstatement with back wages are normally granted in majority of cases?
No! in case of illegal termination , now automatic reinstatement with back wages in no more a rule. S.C. in the case of Raj kumar vs.jalgaon Minicipal Corporation 2013 LLR305 has held that reinstatement is not must for every sacked worker. Calcutta Hc in the case of Bata India Ltd. Vs.Fourth I.T West Bengal 2011 LLR 68 has held that even in the case of illegal termination reinstatement with back wages is no longer a rule.When the termination of a workman is set aside, his reinstatement either with or without back wages is not a rule of thumb and can be deviated by the courts depending upon the merits of each case. There are some of the cases where High Courts have set aside the reinstatement of a workman as awarded by the Labour Court or the Industrial Tribunal. Madras HC in the case of M.V. Sivaji vs. Godrej and Boyce Manufacturing Co. Ltd., Madras and another, 1998 LLR 483 has held that reinstatement of a typewriter mechanic dismissed for forging signatures of the customers is liable to be quashed. In another case Kerala HC, S. Raveendranath Kamoth vs. Presiding Officer, Labour Court and another, 1998 LLR 632 had held that reinstatement will not be appropriate relief to a workman who has been guilty of late coming, neglecting his duties and abusing the Director of the Company. Also reinstatement of a workman guilty of stoppage of work and assaulting the Asstt. Manager and Canteen Contractor has been set aside by the Madras HC even when his past record has been satisfactory. In another case, the Delhi HC, India Tourism Development Centre vs. Presiding Officer, Labour Court and others, 2000 (85) LLR 62 has held that the reinstatement of a workman guilty of habitual absence from duties will not be justified. In addition to above, there are many other judgments oft he Supreme Court and the High Courts where by the reinstatement has been held not to be justified. More over, Now the courts have started awarding lump sum compensation in place of reinstatement and back wages.