2015 (7) TMI 1378 - HC - Indian Laws

Dismissing or discharging the workman from her service - entitlement to rbe einstated with full back wages and benefits or not - HELD THAT - The reference has been answered in favour of the petitioner by holding her dismissal to be illegal and directing her reinstatement. Petitioner wants higher wages to be paid to her by the management. The reference was made to the learned Labour Court on two issues, firstly, whether management was justified in dismissing the workman and secondly, if it was not held to be so then whether the workman was entitled to be reinstated with full back wages. It goes without saying that the Labour Court while deciding a reference has to confine its adjudication to the issues referred to it by the appropriate Govt. It cannot deviate from the issues referred to and decide an issue, which is not referred to it for adjudication. It cannot enlarge the scope of the reference. Claim of higher wages by the petitioner was not an issue referred to for adjudication before the learned Labour Court by the appropriate Govt. It cannot be said by any stretch of imagination that if such a decision is given effect to, it will be inexpedient on public grounds affecting national economy or social justice. Therefore, on this ground, the claim of the petitioner cannot be entertained. The prayer made by the petitioner seeking a direction to the appropriate Govt. to modify the award by exercising the power under section 17A of the Act is wholly untenable inasmuch as the said provision has been held to be unconstitutional and unenforceable - Petition dismissed.

Summary

Issues Involved:

1. Justification of the workman's dismissal by the management.
2. Entitlement of the workman to reinstatement with full back wages and benefits.
3. Petitioner's claim for higher wages and the applicability of Section 17A of the Industrial Disputes Act, 1947.

Issue-wise Detailed Analysis:

1. Justification of the Workman's Dismissal by the Management:

The Labour Court was tasked with determining whether the management of Green Field Tea Warehouse was justified in dismissing the workman from her service. The workman claimed she was wrongfully dismissed after requesting a formal appointment letter and appropriate wages. The management alleged misconduct, specifically the non-delivery of tea bags, as the reason for dismissal. However, the Labour Court found that the management failed to establish the charges against the workman and did not conduct a valid domestic inquiry before terminating her employment. Consequently, the Court concluded that the management was not justified in dismissing the workman.

2. Entitlement of the Workman to Reinstatement with Full Back Wages and Benefits:

Following the conclusion that the dismissal was unjustified, the Labour Court addressed the second issue. It held that the workman was entitled to reinstatement with full back wages, as she was not gainfully employed during the intervening period. The Court cited a precedent from the Hon'ble Apex Court affirming that an unjustified termination warrants reinstatement. However, the Labour Court declined to address the workman's claim for higher wages, suggesting that this issue should be considered by a separate forum.

3. Petitioner's Claim for Higher Wages and the Applicability of Section 17A of the Industrial Disputes Act, 1947:

The petitioner sought a direction for the State to modify the award under Section 17A of the Industrial Disputes Act, 1947, to include higher wages. The Court noted that Section 17A allows the State to modify an award if it deems it inexpedient on public grounds affecting national economy or social justice. However, the Court found that the claim for higher wages was an individual matter and did not meet the criteria for invoking Section 17A. The Court emphasized that the Labour Court must confine its adjudication to the issues referred to it and cannot expand its scope to include unreferenced issues.

Additionally, the Court referenced decisions from the Andhra Pradesh High Court and the Madras High Court, which declared Section 17A unconstitutional. These decisions, applicable throughout India, rendered the petitioner's request for modification under Section 17A untenable. Consequently, the Court dismissed the writ petition but clarified that this dismissal would not prevent the enforcement of the award dated 30.03.2013. The petitioner was advised to seek any further grievances through the appropriate forum in accordance with the law.

Conclusion:

The High Court upheld the Labour Court's decision that the workman's dismissal was unjustified and affirmed her entitlement to reinstatement with full back wages. The petitioner's claim for higher wages was not addressed by the Labour Court due to jurisdictional limitations. The Court dismissed the petitioner's request for modification under Section 17A, citing its unconstitutionality and the inapplicability of the provision to individual claims. The petitioner was advised to pursue any additional grievances through appropriate legal channels.