MANAGER, ARRAPETTA ESTATE Vs. SUSEELA

JUDGEMENT

(1.) The appeal is against the judgment of the learned Single Judge affirming the award of the Labour Court in a reference made by the Government. The industrial dispute referred for adjudication is "whether the dismissal of Smt.Susheela, worker by the management of Arepetta Estate, Meppadi, Wayanad is justifiable? If not, what relief she is entitled to?".

(2.) The Labour Court found that the dismissal of the employee pursuant to disciplinary proceedings was not justifiable. The Labour Court directed reinstatement of the worker in service with entire back-wages. The learned Single Judge affirmed the said order.

(3.) The appeal is filed on two counts. One, there was sufficient evidence to show that the property occupied by the worker was that of the management. There was a suit for recovery of the said property which has been decreed, which decree was produced before the Labour Court in evidence. The worker hence, was guilty of insubordination and disobedience for reason of the property not being handed over despite a demand made by the Company. It was also argued by learned Senior Counsel Sri.E.K.Nandakumar appearing for the Company that even if reinstatement can be ordered, it cannot automatically lead to the entire back-wages being paid as has has held in 2018 SCC Online SC 1587 [ Management of Regional Chief Engineer, P.H.E.D. v. Their Workmen ]. In any event, there can be no back-wages granted to the worker after the award especially since she failed to aver and prove that she was not employed after her dismissal from service.