Without conducting domestic enquiry for refusal of employment, action should not have been taken by the management to dismiss the employee: Madras High Court
The Madras High Court passed a judgement on 25th of April, 2023 in which it upheld the judgement of the Labour court and directed the petitioner-management to go through with the order. This was seen in the case of Managing Director, Leo Fasteners v. The Presiding Officer, Labour Court, Pondicherry and Anr. (W.P.No.20364 of 2013) and the case was presided over by The Honourable Mrs. Justice J. Nisha Banu
FACTS OF THE CASE:
The petitioner in the case is the Company in which the respondent used to work in. The latter had stopped coming to work from 02.09.2009 citing ill treatment by the Company. The Company had not conducted a domestic inquiry and dismissed the employee. The suit was brought to the Labour court by the employee.
The Labour court directed the Company to reinstate the workman into service with continuity of service and back wages and other attendant benefits. Thus, this petition by the Management of the Company challenging the award.
JUDGEMENT:
The petitioner had filed the petition praying to issue a writ of certiorari calling for the records relating to the Award given and to quash the same. The learned single judge after listening to the contentions of both parties, upheld the decision of the Labour court and directed the Company to reinstate the workman into service with continuity of service and back wages and other attendant benefits.
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JUDGEMENT REVIEWED BY SWETA SHOUMYA