In CWP-26182-2016- PUNJ HC – Once Labour Court passes order exercising its powers under Section 11-A of Industrial Disputes Act, workman can’t claim enhancement of compassion shown by Labour Court in its wisdom: P&H HC Justice Rajbir Sehrawat [08-07-2022]

Read Order: Dan Singh v. Zonal Manager, Punjab and Sind Bank and Another

Monika Rahar

Chandigarh, July 13, 2022: The Bench of Justice Rajbir Sehrawat for the High Court of Punjab and Haryana has recently held that once the Labour Court passes an order exercising its powers under Section 11-A of the Industrial Disputes Act, 1947 (‘the Act’), the petitioner (workman) cannot claim enhancement of the compassion shown by the Labour Court in its wisdom.

Essentially, a departmental enquiry was initiated against the petitioner-peon for his absence and in pursuance of the same, he was dismissed from his service.

When the matter reached the Labour Court, the departmental inquiry was held to be “not proper” and the peon was ordered to be reinstated with modification of terms of reinstatement.

The instant petition was filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorari modifying the impugned award passed by the second respondent to the extent that the petitioner was denied the benefits of back wages, reinstatement on the same pay scale, seniority, increments, leave encashment.

The issuance of the writ of mandamus directing the Zonal Manager, Punjab and Sind Bank (first respondent) was also sought to reinstate the petitioner as peon on the same pay, which he was getting in his pay scale along with back wages, seniority, increments and leave encashment.

The Court, after perusing the impugned award, observed that the Labour Court did not even discuss the evidence led by the respondent-employer before Court after the departmental enquiry was held to be not proper and that the petitioner-workman even admitted the absence as such.

Further, Justice Sehrawat observed that the Labour Court exercised its power under Section 11-A of the Act to protect the petitioner-workman, despite not recording the specific findings against the respondent-employer qua illegality of termination of service of the petitioner-workman.

Additionally, the Bench asserted, “Once, the order is passed by the Labour Court, exercising its powers under Section 11-A of the Act, the petitioner cannot claim enhancement of the compassion shown by the Labour Court in its wisdom“.

Otherwise also, the Court did not find any ground to interfere with the relief granted by the Labour Court.

In view of the above, finding no merit in the present petition, the same was dismissed.