Service Law : Supreme Court Quashes Order of Termination ; Orders Reinstatement with Back Wages with All Consequential Benefits
In an interesting case, the Order of termination passed against employee was quashed by Supreme Court. Directions were issued to reinstate the employee with back wages.
It was held that it is implicit that in case of delay in raising the industrial dispute, the appropriate government under Section 10(1) of the Industrial Disputes Act, 1947 has the power, to make reference to either Labour Court or Industrial Tribunal, if it is of the opinion that any industrial dispute exists or is apprehended at any time, between the workman and the employer.
It was held that the order of termination passed in this case is highly disproportionate to the gravity of misconduct and therefore shocks the conscience of Supreme Court.
The principle of ‘Doctrine of Proportionality’ is a well recognised one to ensure that the action of the employer against employees/workmen does not impinge their fundamental and statutory rights. The above said important doctrine has 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.
Case reference is Raghubir Singh v. GM, Haryana Roadways [2014] GCtR 5420 (SC).
No comments:
Post a Comment