The Tinplate Company of India Limited Vs The State of Jharkhand and S.K. Roy

Jharkhand High Court 30 Sep 2010 Writ Petition (L) No. 4067 of 2005 (2011) 1 JCR 256
Bench: Single Bench
Result Published

Judgement Snapshot

Case Number

Writ Petition (L) No. 4067 of 2005

Hon'ble Bench

Pradeep Kumar, J

Final Decision

Dismissed

Judgement Text

Translate:

Pradeep Kumar, J.@mdashHeard the learned Counsel for petitioner and learned Counsel for respondent - S.K. Roy.

2. It is submitted by learned Counsel for petitioner that the learned Labour Court, Jamshedpur in Ref. Case No. 3 of 1990 has wrongly came to a

finding that charges were not proved and order of dismissal of workmen is bad in law and directed for reinstatement of the workman. He has

further argued that no pleading on behalf of the workman has been placed to show that he was not gainfully employed during the period of his

dismissal to the date of the award and as such the direction of full back wages was wrongly passed. He has relied upon the judgment of this Court

reported in 2010(2) JCR 516 in the case of management of SAIL relying upon the judgment of the Hon''ble Supreme Court and as such the order

passed for full payment is bad in law and fit to be quashed.

3. On the other hand, learned Counsel for the respondent- workman has submitted that it will appear that although charges were made against the

workman that he allowed the lifting of TISCO material , but the Labour Court after considering the management witnesses as also the document

Ext.W came to a finding of fact that management has failed to prove that any misconduct was committed by any of the workmen rather the Labour

Court found that Ext.W shows that the workman who was charged of misconduct only obeyed the direction of the superior officer present there

who stated that material has been checked by the TISCO officers and on their direction he allowed the material to go out of the company and thus,

finding of fact cannot be disturbed in the writ jurisdiction of the court. More so, there are other findings based on the evidences of the parties.

4. After hearing both the parties and after going through the evidences on record, I also find that the finding of the Presiding Officer, Labour Court,

Jamshedpur is based on the evidence of both the parties and especially the management and Ext.W and on the basis of the evidence and

documents, the Labour Court has come to a finding that the management has failed to prove that any misconduct was committed by the workman

and rightly directed for reinstatement. I find no illegality, so far as reinstatement is concerned.

5. Further, there was no pleading placed on behalf of the respondent-workman that he was not gainfully employed anywhere else during the period

from his termination till the date of award. In that view of the matter, relying on the judgment of this Court reported in 2010 (2) J.C.R. 508 in the

case of Bhubneshwar Mallik on the basis of the judgment of the Supreme Court in the case of J.K. Synthetics Ltd. Vs. K.P. Agrawal and

Another, , the direction of payment of full back wages is not justified. Accordingly, the petitioner is directed to pay 25% of the wages to the

respondent- workman within a period of one month from today.

6. With the aforesaid modification in the impugned order,the application is disposed of.

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