As per case facts, a workman was terminated in 2014 following a domestic enquiry for misconduct, despite an industrial dispute being pending. The Industrial Tribunal upheld the enquiry but denied ...
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AGK
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.15252 OF 2024
Santosh Chandrkant Potdar,
Age 35 years, Occu.: Self Employment,
233 A Rawan Galli, Lokmanya Nagar,
Korochi, Taluka Hatkangle
District Kolhapur 416 109… Petitioner
Vs.
Bajaj Auto Limited,
Chakan MIDC, Plot No.A-1,
Mhalunge, Pune 410 501 … Respondent
WITH
WRIT PETITION NO.8711 OF 2024
Bajaj Auto Limited,
A company incorporated under the
Companies Act, 1956, and having its office
at Plot No.A-1, Village Mahalunge,
MIDC, Chakan, Pune 410 501… Petitioner
Vs.
Santosh Chandrkant Potdar,
Age 35 years, Occu.: Self Employment,
233 A Rawan Galli, Lokmanya Nagar,
Korochi, Taluka Hatkangle
District Kolhapur 416 109… Respondent
Ms. Jane Cox with Mr. Vinayak Suthar i/by Mr.
Ghanashyam R. Thombare for the petitioner in WP/
15252/2024 & for the respondent in WP/8711/2024.
1
ATUL
GANESH
KULKARNI
Digitally signed
by ATUL
GANESH
KULKARNI
Date: 2026.04.30
11:50:25 +0530
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Mr. Sudhir Talsania, Senior Advocate with Ms. Sayali
Puri i/by M.S. Bodhanwala & Co or the petitioner WP/
8711/2024 and for the respondent in WP/15252/
2024.
CORAM :AMIT BORKAR, J.
RESERVED ON :APRIL 24, 2026.
PRONOUNCED ON:APRIL 30, 2026
JUDGMENT:
1.Since both the present writ petitions arise out of a common
Award, involve identical questions of law, and arise from the same
factual background, it is considered appropriate to hear and decide
them together. Accordingly, both the petitions are being disposed
of by this common judgment.
2.Writ Petition No.15252 of 2024 has been instituted under
Articles 226 and 227 of the Constitution of India by the petitioner-
workman, challenging the Award dated 18 January 2024 passed
by the Industrial Court, Thane in Complaint (IT) No.1 of 2014,
insofar as the Tribunal declined the relief of reinstatement with full
back wages. On the other hand, Writ Petition No.8711 of 2024 has
been preferred by the petitioner-company assailing the very same
Award to the extent the Industrial Court recorded a finding that
the termination of workman had taken place during the pendency
of References and, therefore, amounted to breach of Section 33(2)
(b) of the Industrial Disputes Act, 1947.
3.The facts giving rise to the present proceedings, as pleaded
by the petitioner-workman, may now be noticed. A charge-sheet
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dated 12 October 2012 came to be issued against the petitioner
alleging misconduct under Standing Order Nos.31(I), (III), (VIII),
(XI), (XXXIV), (XL), (XLIII) and (XIII) of the Certified Standing
Orders applicable to the establishment. The charges were thus
founded upon alleged acts of misconduct recognised under the
service conditions governing the parties.
4.Pursuant to the said charge-sheet, a domestic enquiry was
initiated against the petitioner-workman. The Enquiry Officer,
upon conclusion of the proceedings, submitted his report together
with final findings dated 31 July 2014, holding the petitioner
guilty of the charges levelled against him. A copy of the said report
and findings was thereafter forwarded to the petitioner under
communication dated 6 October 2014. In response thereto, the
petitioner submitted an apology letter on or about 16 October
2014. It is further the case of the petitioner that the recognised
Union also addressed a representation to the respondent-company
requesting that a sympathetic view be taken of the apology
tendered by the petitioner. By a separate letter dated 16 October
2014, the Union requested the management to extend to the
petitioner the same treatment as had allegedly been extended to
thirteen similarly situated workmen.
5.It is the further case on record that an industrial dispute was
then pending between the respondent-company and Vishwakalyan
Kamgar Sanghatana, the recognised Union. During the subsistence
of such dispute, the respondent and the Union entered into a
Memorandum of Understanding dated 14 August 2014 pursuant to
negotiations concerning suspension of eighteen workmen whose
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enquiries were pending. Under the terms of the said
Memorandum, it was agreed that thirteen out of the eighteen
workmen would be taken back in service subject to acceptance of
charges, submission of written apology, undertaking for good
conduct and compliance with the terms of settlement. It was also
agreed that selection of those thirteen workmen would remain
within the discretion of the management, whereas the disciplinary
proceedings against the remaining five workmen would continue.
The petitioner was one amongst those five workmen whose
enquiry was not brought to an end.
6.Thereafter, upon consideration of the apology letter
submitted by the petitioner and the request made by the Union,
the Manager of the respondent-company is stated to have
examined the petitioner’s past service record and formed an
opinion that neither the apology nor the Union’s request deserved
acceptance. The management consequently arrived at a decision
that the petitioner ought to be dismissed from service. Acting upon
such decision, the petitioner came to be terminated from
employment on 17 October 2014.
7.After the order of dismissal, the Union is stated to have
extended financial assistance of approximately Rs.10,00,000/- to
the petitioner on 19 December 2014, subject to the condition that
the said amount would be repaid in the event the petitioner
succeeded in challenging his dismissal before the competent Court.
It is further pleaded that after termination the petitioner remained
unemployed for about two years. Thereafter, in order to maintain
himself, he commenced a grocery business. According to him, the
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said business ultimately suffered losses and was closed on 28
November 2021. It is thus his assertion that since closure of the
said shop, he has remained without gainful employment.
8.The petitioner thereafter instituted Complaint No.5000001
of 2014 before the Industrial Tribunal, Pune under Section 33A of
the Industrial Disputes Act, 1947, challenging the order of
dismissal as arbitrary, illegal and unsustainable, and seeking
reinstatement with consequential back wages. The termination was
assailed principally on the ground that the findings recorded by
the Enquiry Officer were perverse and that the domestic enquiry
was neither fair nor proper. A further challenge was raised on the
ground of discriminatory treatment, it being contended that
thirteen similarly situated workmen were inflicted only a minor
punishment of four days’ suspension, whereas the petitioner,
though allegedly standing on the same footing, was visited with
the extreme penalty of dismissal.
9.The first two preliminary issues, namely, Issue Nos.1 and 2 as
framed in the proceedings, came to be decided by the Tribunal by
order dated 27 September 2019. Under the said order, the Tribunal
held that the domestic enquiry conducted against the petitioner
was fair and proper, and further held that the findings recorded by
the Enquiry Officer could not be termed perverse. Thus, the
challenge to the legality of the enquiry and to the evidentiary basis
of the findings did not find favour at that stage.
10.Upon adjudication of the complaint on merits, the Industrial
Tribunal by its final Award dated 18 January 2024 declined the
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substantive relief of reinstatement with back wages. However, in
lieu thereof, the Tribunal awarded monetary compensation
quantified at Rs.7,00,000/- in favour of the petitioner-workman.
11.Ms. Jane Cox, learned Advocate appearing for the petitioner-
workman, submits that the Tribunal committed a manifest error in
declining the relief of reinstatement despite having reached the
conclusion that the dismissal of the petitioner was void ab initio
and contrary to the provisions of the Industrial Disputes Act, 1947.
According to her, once the very foundation of termination is held
to be illegal, the normal and logical consequence ought to have
been restoration of service. She further submits that the petitioner
had rendered more than thirteen years of service with the
respondent-company as a skilled workman and had acquired
sufficient experience in the nature of duties assigned to him. In
such circumstances, the stand of the company that the petitioner
would be unable to adjust to the changed working dynamics of the
establishment is stated to be wholly untenable and unsupported by
any material.
12.Learned counsel further submits that the finding recorded by
the Tribunal that, after a lapse of ten years from dismissal, the
work culture and atmosphere at the workplace may have
completely changed and that reinstatement of the petitioner would
not be suitable, is based on mere conjecture and not on any
documentary or oral evidence. According to her, such a conclusion
is therefore perverse and contrary to settled principles governing
adjudication. She contends that even assuming technological or
operational changes have taken place, the petitioner could always
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be imparted refresher training so as to update his skill, and the
respondent-company admittedly possesses the necessary resources
and infrastructure to provide such training. It is urged that the
Tribunal proceeded on assumptions regarding changed dynamics
of functioning without any evidentiary basis. She further submits
that the illegal dismissal of the petitioner had the effect of
extinguishing all future service prospects, promotional avenues
and continuity benefits within the respondent-company. This
material consequence, according to her, was ignored by the
Tribunal while denying reinstatement.
13.Per contra, Mr. Talsania, learned Senior Advocate appearing
for the respondent-company, submits that the object underlying
Section 33(2)(b) of the Industrial Disputes Act is essentially
protective in nature, namely to ensure that no workman is
prejudiced, and no unfair advantage is taken by an employer
through victimisation during the pendency of an industrial
reference. According to him, the provision is intended to preserve
the sanctity of pending adjudicatory proceedings so that
disciplinary action taken during such pendency remains open to
scrutiny by the forum before which the dispute is pending. He
submits that the safeguard of prior approval is therefore conceived
only for situations where a live reference continues to remain
pending. It does not contemplate extension of such requirement to
cases where disputes already stand settled and references have
been withdrawn.
14.He further submits that Section 20(3) of the Act uses the
expression that proceedings conclude on the date on which the
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award becomes enforceable under Section 17A, but such language
applies to matters where there is an actual adjudication of rights
and liabilities culminating in an enforceable award on merits. In
the present case, according to him, no such adjudicatory award
exists, and therefore invocation of Section 20(3) to treat the
reference as continuing would lead to an unreasonable and absurd
result.
15.Learned Senior Counsel further submits that it would be
contrary to the spirit of the Industrial Disputes Act, as also
contrary to principles of reasonableness, to create a legal fiction
that despite actual withdrawal of references and an award being
passed recording such withdrawal, the references must still be
deemed pending merely because the ministerial act of publication
remained to be completed. According to him, such interpretation
would elevate form over substance and ignore the true factual
cessation of the dispute.
16.He contends that if Section 33(2)(b) is interpreted so as to
require permission even in cases where the reference has already
been withdrawn or not pressed, the provision would become
vulnerable to challenge under Articles 14 and 19 of the
Constitution of India, inasmuch as it would impose an arbitrary
and wholly unreasonable restriction upon the employer’s right to
manage its business affairs and regulate its workforce. He submits
that where a fair, bona fide and lawful domestic enquiry has
already been conducted, there would be no rational justification to
insist upon a further approval process before effecting termination.
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17.Mr. Talsania, learned Senior Advocate, relying upon the
judgment of the Division Bench in
Sanjay V. Redkar & Others Vs.
State of Goa
, 2020 (4) Mh.L.J. 242, submits that a deeming fiction
created by statute cannot be extended beyond the legitimate
purpose for which such fiction is enacted. According to him, the
Court must confine the fiction within its statutory object and not
enlarge it by implication.
18.Placing further reliance upon another Division Bench
judgment of this Court in
Maharashtra State Road Transport
Corporation Vs. B.H. Satfale
, 1980 Mh.L.J. 197, he submits that
the object of provisions akin to Section 33 is to protect an
employee from possible victimisation on account of having raised
an industrial dispute during the pendency of adjudication. He
submits that Section 33(1)(b) and Section 33(2)(b), though
dealing with different categories of misconduct, are both animated
by the same legislative intent, namely ensuring that conciliation or
adjudication proceedings continue without disturbance or
retaliatory employer action. It is therefore contended that once the
enquiry against the petitioner has already been held fair and
proper, the order of punishment ought not to be disturbed on what
is described as a mere technical ground.
19.In reply, Ms. Jane Cox, learned Advocate for the petitioner-
workman, invited attention to the Constitution Bench judgment of
the Supreme Court in
Jaipur Zila Bhoomi Vikas Bank Ltd. Vs. Ram
Gopal Sharma & Others
, (2002) 2 SCC 244. She submits that the
law laid down therein clearly declares that where approval of an
order of discharge or dismissal is not obtained, the consequence is
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that the employee is deemed to have continued in service as if no
order of dismissal had ever been passed. According to her, failure
to make an application for approval under Section 33 before
effecting discharge or dismissal renders such order void,
inoperative and non est in the eye of law. She therefore contends
that once the termination itself is rendered non-operative, the
ordinary principles governing grant of compensation in lieu of
reinstatement would not apply, and reinstatement becomes the
natural and necessary relief.
20.Learned counsel also relied upon the judgment of the
Supreme Court in
Grindlays Bank Limited Vs. Central Government
Industrial Tribunal & Others
, 1980 (Supp) SCC 420. She submits
that the Supreme Court has categorically held therein that until
expiry of thirty days from publication of an award, the proceedings
are deemed to remain pending, and the Tribunal retains
jurisdiction over the industrial dispute referred to it for
adjudication. According to her, until expiry of the said statutory
period, the Tribunal continues to possess authority to entertain
applications connected with the dispute. On that basis, it is
contended that the reference in the present matter must be treated
as pending on the relevant date, thereby attracting the mandate of
Section 33(2)(b).
21.Ms. Jane Cox further relied upon the judgment of the
Supreme Court in
Deepali Gundu Surwase Vs. Kranti Junior
Adhyapak Mahavidyalaya (D.Ed.) & Others
, (2013) 10 SCC 324,
and submitted that where termination is held to be wrongful or
illegal, reinstatement ordinarily follows as the normal rule.
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According to her, denial of reinstatement in such cases is an
exception requiring strong and special reasons, which are absent in
the present matter. She therefore prayed that Writ Petition
No.8711 of 2024 filed by the company be dismissed, and Writ
Petition No.15252 of 2024 filed by the workman be allowed with
consequential reliefs.
REASONS AND ANALYSIS:
22.For the purpose of proper adjudication of the issues arising
in the present proceedings, it is necessary to reproduce and
consider the relevant provisions of the Act, which are set out
hereinafter.
“Section 33. Conditions of service, etc., to remain unchanged
under certain circumstances during pendency of
proceedings.—
(1) During the pendency of any conciliation proceeding
before a conciliation officer or a Board or of any proceeding
before an arbitrator or a Labour Court or Tribunal or
National Tribunal in respect of an industrial dispute, no
employer shall,—
(a) in regard to any matter connected with the
dispute, alter, to the prejudice of the workmen
concerned in such dispute, the conditions of service
applicable to them immediately before the
commencement of such proceeding; or
(b) for any misconduct connected with the dispute,
discharge or punish, whether by dismissal or otherwise,
any workmen concerned in such dispute, save with the
express permission in writing of the authority before
which the proceeding is pending.
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(2) During the pendency of any such proceeding in respect
of an industrial dispute, the employer may, in accordance
with the standing orders applicable to a workman concerned
in such dispute [or, where there are no such standing orders,
in accordance with the terms of the contract, whether
express or implied, between him and the workman,—
(a) alter, in regard to any matter not connected with
the dispute, the conditions of service applicable to that
workman immediately before the commencement of
such proceeding; or
(b) for any misconduct not connected with the
dispute, or discharge or punish, whether by dismissal
or otherwise, that workman: Provided that no such
workman shall be discharged or dismissed, unless he
has been paid wages for one month and an application
has been made by the employer to the authority before
which the proceeding is pending for approval of the
action taken by the employer.
(3) Notwithstanding anything contained in sub-section (2),
no employer shall, during the pendency of any such
proceeding in respect of an industrial dispute, take any
action against any protected workman concerned in such
dispute—
(a) by altering, to the prejudice of such protected
workman, the conditions of service applicable to him
immediately before the commencement of such
proceedings; or
(b) by discharging or punishing, whether by
dismissal or otherwise, such protected workman, save
with the express permission in writing of the authority
before which the proceeding is pending.
Explanation.—For the purposes of this sub-section, a
“protected workman”, in relation to an establishment, means
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a workman who, being [a member of the executive or other
office bearer] of a registered trade union connected with the
establishment, is recognised as such in accordance with rules
made in this behalf.”
23.Section 33 of the Industrial Disputes Act is enacted as a
provision of protection, made by Legislature with intention to
preserve industrial peace during time when conciliation
proceedings or adjudication proceedings are pending before
competent authority. The object behind such provision is that when
dispute between employer and workmen has reached legal forum,
atmosphere between parties remains strained. At such stage, if
employer is permitted to alter service conditions against workers,
then pending proceedings may get influenced by pressure.
Therefore, law intervenes and places temporary restraint upon
employer's powers. In that sense, Section 33 is a statutory device
for maintaining fairness. It keeps pending proceedings free from
coercion.
24.Sub-section (1) of Section 33 deals with matters which are
connected with pending industrial dispute. In such matters, Act
requires prior permission in writing from authority before whom
proceeding is pending. This shows that where subject matter of
proposed action touches the dispute under consideration,
employer cannot act and then justify later. Sub-section (2),
however, addresses another category, namely matters not
connected with pending dispute. There Act gives wider liberty to
employer to proceed according to standing orders or contractual
terms. Yet even there, if employer proposes discharge or dismissal
of workman concerned in dispute, proviso imposes two mandatory
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pre-conditions. One month wages must be paid, and application
for approval must be made before competent authority. Hence,
even where misconduct is outside dispute, disciplinary power is
not uncontrolled.
25.The Division Bench judgment in Maharashtra State Road
Transport Corporation v. B.H. Satfale
explains that object of
Section 33(2)(b) is to shield employee against possible
victimisation because he has raised industrial dispute pending
before legal forum. Legislature was faced with two realities. On
one side, worker should not suffer retaliation because he invoked
industrial proceedings. On the other side, employer cannot be
rendered helpless even in genuine misconduct cases. Section 33
therefore creates middle path. It does not prohibit dismissal in
every case. It regulates it through conditions.
26.In the present matter, company has contended that once
references were settled, insistence upon approval under Section
33(2)(b) would be technical requirement. According to company,
if no dispute survived, then no prejudice could be caused to
workman and no purpose remains in demanding approval.
Statutory consequences cannot be determined merely by
convenience of one party. Where Legislature has used defined
expressions regarding pendency and conclusion of proceedings,
Court must first examine statutory language, scheme and binding
precedent. Therefore, contention cannot be accepted merely
because it appears pragmatic.
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27.The judgment of Supreme Court in Grindlays Bank Ltd. gives
authoritative interpretation to Section 20(3) of the Act. It has been
held therein that proceedings before Tribunal are deemed to
continue until date on which award becomes enforceable under
Section 17A. Such enforceability arises after expiry of thirty days
from publication of award under Section 17. Till that point,
Tribunal retains jurisdiction over dispute and may entertain
applications connected with same. This principle clarifies that
pendency under Industrial Disputes Act is not exhausted because
award is pronounced. The Act creates further statutory period
during which proceeding continues. Thus, pendency has wider
meaning.
28.Therefore, where award recording settlement, disposal or
other closure has been made, legal pendency under Section 20(3)
does not vanish because parties may feel that dispute has ended.
Once Legislature has said that proceeding shall be deemed to
continue till certain stage, Court cannot shorten such period.
29.Reliance was placed by company upon principle that legal
fiction cannot be extended beyond purpose for which it is created,
as observed in
Sanjay V. Redkar. There can be no quarrel with that
proposition. It is settled principle that deeming clause must not be
enlarged beyond legislative object. Yet, said principle does not
advance respondent's case here. In present matter, Court is not
stretching fiction. Court is only applying Section 20(3) for purpose
for which it was enacted, namely deciding when proceedings
commence and when they legally conclude.
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30.Once it is held that proceedings were pending in eye of law
on relevant date, compliance with Section 33(2)(b) became
obligatory if employer intended to dismiss workman for
misconduct not connected with dispute. Requirement of approval
allows competent authority to see whether action is bona fide,
whether it is colourable exercise of power, whether one month
wages are paid, whether procedure is followed, and whether
dismissal is being used as weapon against workman. Such scrutiny
is part of legislative protection.
31.The Constitution Bench judgment in Jaipur Zila Sahakari
Bhoomi Vikas Bank Ltd.
places matter beyond any pale of doubt.
Supreme Court has expressly held as under :
“14. ………………………………………... The order of
dismissal or discharge passed invoking Section 33(2)(b)
dismissing or discharging an employee brings an end of
relationship of the employer and employee from the date of
his dismissal or discharge but that order remains incomplete
and remains inchoate as it is subject to approval of the
authority under the said provision.
In other words, this
relationship comes to an end de jure only when the authority
grants approval. If approval is not given, nothing more is
required to be done by the employee, as it will have to be
deemed that the order of discharge or dismissal had never
been passed. Consequence of it is that the employee is
deemed to have continued in service entitling him to all the
benefits available. This being the position there is no need of
a separate or specific order for his reinstatement.
………………………………………...
32.The above extract from the Constitution Bench judgment in
Jaipur Zila Sahakari Bhoomi Vikas Bank Ltd. has direct bearing
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upon question of relief of reinstatement in present matter. The
Supreme Court has explained in clear terms that when dismissal or
discharge is made during pendency of industrial proceedings, such
order does not attain legal character merely because employer has
issued termination letter. The severance of relationship between
employer and employee becomes complete in law only when
approval is granted by competent authority under Section 33(2)
(b). Till that stage, order remains inchoate. Therefore, approval is
condition which gives finality to dismissal. The expression used by
Supreme Court that relationship comes to end
de jure only upon
approval means that in eye of law relationship does not stand
severed only by unilateral act of management. If approval is
refused, or if no approval is obtained, the dismissal cannot in to
existence. In such situation, the order is treated as if it never
obtained life. The observation of Supreme Court that nothing more
is required to be done by employee means workman need not
undergo second round of litigation for reinstatement when the Act
treats such dismissal as non est. Once breach is established,
consequence follows by operation of law. Employee is not required
to seek declaration of status which already stands protected under
statute. If employer’s action never acquired validity, then
interruption caused by such action cannot be allowed to prejudice
employee.
33.Applying said principle to present case, once it is held that
compliance of Section 33(2)(b) was absent and dismissal
remained inoperative, the petitioner-workman cannot be relegated
only to compensation in lieu of service. Compensation presupposes
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severance. If dismissal is deemed never to have validly taken
effect, then workman must in normal course be treated as
continuing employee. In that event, reinstatement is not creation
of new right but recognition of existing right.
34.The Tribunal, therefore, after recording illegality attached to
termination, could not have denied reinstatement by substituting
lump sum amount. Where statute itself says no separate order of
reinstatement is necessary because continuity follows
automatically, refusal of reinstatement must rest on strong reasons
supported by evidence, such as closure of establishment or similar
grounds. Mere passage of time would not displace statutory
consequence. Thus, in present facts, relief of reinstatement follows
on legal necessity arising from doctrine declared in
Jaipur Zila.
Any lesser view would dilute mandate of Section 33(2)(b) and
render statutory safeguard ineffective.
35.The question of back wages now requires consideration. In
the present matter, the complainant was removed from service and
thereby deprived of source of livelihood. Therefore, responsibility
for loss of employment must rest upon employer. It has come on
record that after remaining without employment for some time,
the complainant commenced a grocery shop in or about the year
2016. However, once it is shown that the complainant had started
business activity from 2016, the Court cannot ignore possibility of
some income having been generated therefrom. Exact income
figures are not placed on record by either side. In absence of such
evidence, it would be unsafe to presume substantial profits in
favour of employer or to presume total absence of income in
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favour of complainant. The Court therefore must adopt a
reasonable approach.
36.The complainant has further stated that the grocery shop
was closed during Covid period on account of losses. This assertion
appears plausible having regard to loss suffered by small
businesses during pandemic period. Judicial notice can be taken
that small establishments faced financial problems during Covid
restrictions. Therefore, closure of grocery shop during that period
cannot be viewed with suspicion in absence of contrary material.
37.Having regard to these circumstances, the period from date
of termination till commencement of grocery shop in 2016 stands
on different footing. During that initial period, there is no material
to show any gainful employment. The complainant had lost
regular service and remained without stable source of income. He
would therefore be entitled to full back wages for such period. For
the period during which grocery shop was in operation, some
deduction in back wages is justified. Since no accounts are
available, exact set off cannot be worked out. A reasonable
reduction would meet ends of justice.
38.For the period after closure of grocery shop during Covid
time and till reinstatement, the complainant again appears to have
remained without livelihood. In absence of proof of alternate
employment thereafter, he cannot be denied wages for said period.
39.Thus, balancing equities, grant of partial back wages is
proper. The complainant is entitled to full back wages from date of
termination till commencement of grocery shop in 2016, fifty
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percent back wages for period from 2016 till closure of grocery
shop during Covid period and full back wages thereafter till date of
reinstatement.
40.In view of the foregoing discussion and for the reasons
recorded hereinabove, the following order is passed:
(i) Writ Petition No.8711 of 2024 filed by the petitioner-
company stands dismissed;
(ii) Writ Petition No.15252 of 2024 filed by the petitioner-
workman stands partly allowed;
(iii) The Award dated 18 January 2024 passed by the
Industrial Court, Thane in Complaint (IT) No.1 of 2014 is
upheld to the extent it holds that termination of the
petitioner-workman was effected during pendency of the
References and was in contravention of Section 33(2)(b) of
the Industrial Disputes Act, 1947;
(iv) The said Award is quashed and set aside to the limited
extent whereby the Industrial Court denied relief of
reinstatement with back wages and granted compensation of
Rs.7,00,000/- in lieu thereof;
(v) It is declared that the order of termination/dismissal
dated 17 October 2014 is inoperative and unsustainable in
law;
(vi) The respondent-company is directed to reinstate the
petitioner-workman in service to his original post, or to an
equivalent post carrying same pay scale, status and service
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benefits, within a period of eight weeks from the date of this
order;
(vii) The petitioner-workman shall be entitled to continuity
of service for all purposes including seniority, increments and
retiral benefits, subject to applicable rules;
(viii) The petitioner-workman shall be entitled to back wages
in the following manner:
(a) Full back wages from the date of termination till
commencement of grocery business in the year 2016;
(b) Fifty percent back wages from the year 2016 till closure
of the grocery business during Covid period;
(c) Full back wages from the date of closure of the grocery
business till actual reinstatement.
(ix) While computing back wages, the respondent-company
shall be entitled to adjustment of any amount already paid
under the impugned Award or any proven interim earnings
received by the petitioner-workman for the relevant period;
(x) Arrears payable under this order shall be computed
and paid within a period of twelve weeks from the date of
reinstatement;
(xi) Rule is made absolute in the aforesaid terms. There
shall be no order as to costs.
(AMIT BORKAR, J.)
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Legal Notes
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