Termination of a workman cannot be done without proper evidence : Bombay HC upholds the decision of Labour Court
TITLE : Emerson Climate Technologies v Shirish Ramchandra Pawar
CITATION : Writ petition no 12995 of 2015
CORAM : Hon’ble Justice Milind N. Jadhav
DATE: 28th November 2023
INTRODUCTION :
A writ petition was filed under Article 226 and 227 of the Constitution of India challenging the orders of Presiding Officer, Labour Court at Satara on a matter pertaining to termination of an workman by the petitioner company.
FACTS :
The respondent, a Mr. Shirish Ramchandra Pawar, a welder was terminated by the petitioner company whose registered office is in Pune. Shirish was working in the company for a period of 21 years and has clean and unblemished work record.
He was working in the second shift and completed his duty at 12.30 AM and thereafter sat in a bus for departure. He then fell asleep and subsequently when Mr. K.B More was inspecting the bus to check to find 3kg of copper material under the respondent’s seat in his bag. He was then later accused of stealing those materials. An enquiry was set up and the respondent informed him that the charges were not accepted. The enquiry officer found the workman guilty. An award was given by the presiding officer at labour court and held that there was no sufficient evidence to prove the respondent had stolen the copper materials. The same is impugned in the current writ petition.
COURT’S ANALYSIS
The labour court had held that the enquiry officer had failed to record proper reasons as to how he had come to the conclusion that the property which was seized was due to an act committed by the Respondent – workman. The cross examination done by the enquiry officer was said to be corroborated and unreliable as the witnesses statements most likely to be fabricated.
The court agreed with the labour court and upheld its decision and the award was held to be proper and perverse.
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Written by- Sanjana Ravichandran