STATE OF M P Vs. RAM KUMAR PATHAK

JUDGEMENT

(1.) The instant writ petitions have been preferred by the State of M.P. and Others and also by the workmen aggrieved by an award dated April 27, 2007 directing the reinstatement without backwages of workmen Ram Kumar Pathak and Buddhsen Pathak. The workmen Buddhsen Pathak was employed as daily wager in the year 1988 whereas Ram Kumar Pathak was employed as daily wager in the year 1989. They continuously rendered services till September 7, 1999. As they were involved in the criminal case, they absented w.e.f. September 7, 1999, did not report till December 7, 1999, they had been arrested on December 3, 1999 and bail was granted to them on December 7, 1999. It was submitted by them that they submitted joining on December 7, 1999 and December 8, 1999. They had earlier sent application as to their absence as they were not well. Ultimately they were acquitted in criminal case, they were not taken back in service even after acquittal. When they filed representation, they were informed that their services were terminated due to involvement in the criminal case. Order of termination was passed on January 20, 2005.

(2.) The case of the workmen was referred for adjudication to the Labour Court under Section 10 of the Industrial Disputes Act. The Labour Court has found that workmen have rendered the continuous services for a long period. Enquiry was not held before termination of their services. They have been acquitted in the criminal case, as such they should have been reinstated. Merely remaining in the police custody for a period of 4 days could not be termed as misconduct so as to warrant the termination of the services. The termination made on the basis that they were detained in police custody for more than 48 hours, has been found to be illegal. The Labour Court has opined that in case back wages are denied to the workmen in each of the case, that would be sufficient. Consequently, reinstatement has been ordered without backwages. Dissatisfied with the award passed the present writ petitions have been preferred by the employer as well as by the workmen. State of M.P. and Others have assailed the reinstatement part of the award whereas workmen have prayed for grant of backwages.

(3.) Shri P.N. Dubey, learned Deputy Advocate General for the State of M.P., has submitted that it was the case of abandonment of the services by workmen, they absented w.e.f. September 7, 1999, they were involved in the criminal case, they did not submit any joining on December 7, 1999 or December 8, 1999. When they filed representations, it was found that as they were arrested and detained in police custody for more than 48 hours in connection with criminal case, their services had been rightly terminated.