Termination of Services in Complete Violation of Statutory Provisions – High Court Upholds Tribunal’s Decision on Wrongful Termination
The High Court of Punjab and Haryana, led by Hon’ble Mr. Justice Sanjay Vashisth, upheld the decision of the Industrial Tribunal-cum-Labour Court II, Faridabad, confirming the wrongful termination of Mr. Mahabir Singh, a former employee of M/s Prompt Security Services. This ruling affirmed the Tribunal’s findings that the termination was “in complete violation of the statutory provisions” of the Industrial Disputes Act, 1947, leading to a significant modification in the awarded compensation.
Legal Background:
Central to the dispute was the interpretation of Sections 10(1) and 33-C of the Industrial Disputes Act, 1947. The Tribunal had initially ordered reinstatement with 25% back wages for Mr. Singh following his wrongful termination after a lengthy medical leave.
Facts and Issues:
Mr. Singh had served as a Field Worker from April 1, 2005, until his disputed termination on September 30, 2012, after returning from medical leave with a fitness certificate but being denied reentry to his workplace. The management argued that Mr. Singh had voluntarily abandoned his job, a claim that was refuted based on the evidence presented.
Court’s Assessment:
Justice Vashisth’s judgment underscored several key observations from the Tribunal’s proceedings:
Admissions and Evidence: The tribunal highlighted admissions by management and the lack of credible defense regarding the alleged job abandonment.
Post-Termination Employment: The fact that Mr. Singh found lower-paying employment post-termination influenced the tribunal’s decision on the extent of back wages.
Decision: The High Court, modifying the Tribunal’s award, granted Mr. Singh a lump-sum compensation of Rs. 3,30,000 instead of reinstatement, considering factors such as his age, employment status post-termination, and the management’s conduct during his medical leave.
Date of Decision: May 01, 2024
M/s Prompt Security Services vs. Presiding Officer, Industrial Tribunal-cum-Labour Court-II, Faridabad and Another
