Letters Patent Appeal No. 1925 of 2012 · Patna High Court · 2012
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1925 of 2012 In Civil Writ Jurisdiction Case No. 17008 of 2010 ====================================================== Binod Kumar Pandit C/O Late Mahendra Kumar Pandit Modi Nagar, Kutub Ganj, Madea Talab, Mirjanhat, Dist - Bhagalpur-1 .... .... Respondent-Appellant Versus 1. The Union of India through the Ministry of Labour & Employment, New Delhi 2. The Industrial Tribunal Shram Bhawan, Baily Road, Patna, through its Presiding Officer 3. The Presiding Officer, the Industrial Tribunal, Shram Bhawan, Baily Road, Patna 4. The Management of Punjab National Bank, Circle Office, Biharsarif …. …. Respondents-Respondents through its Chief Manager ====================================================== .... .... Petitioner-Respondent Appearance :
Legal Reasoning
For the Appellant : Mr. Purushottam Kumar Jha, Advocate Mr. Sanjay Kumar, Advocate Mr. Sandhya Misra, Advocate For the Respondent No.1: Mr. Amit Shrivastava, C.G.C. For the Respondent No.4: Mr. Abhishek Krishna Gupta, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 Patna High Court LPA No.1925 of 2012 (2) dt.25-04-2013 2 / 5 2. 25-4-2013 Feeling aggrieved by the judgment and order dated 11th September 2012 passed by the learned single Judge in C.W.J.C. No. 17008 of 2010, the respondent workman has preferred this Appeal under Clause 10 of the Letters Patent. Matter at issue is the wrongful retrenchment of the appellant from the service of the respondent Punjab National Bank (hereinafter referred to as “the Bank”). It is not in dispute that the appellant was engaged by the Bank. Appellant was retrenched without following the procedure under Section 25-F of the Industrial Disputes Act, 1947 (hereinafter referred to as “the Act”). Feeling aggrieved, the workman raised industrial dispute. That came to be referred to the Industrial Tribunal, Patna and was registered as Reference Case No. 76(C) of 2008. Although the Bank appeared before the Tribunal it did not contest the reference. Under the judgment and order dated 19th May 2009, the Tribunal allowed the Reference and directed the Bank to reinstate the workman in service with full back wages. After a round of litigation right up to the Hon’ble Supreme Court, the Bank challenged the said Award under Articles 226 and 227 of the Constitution in above C.W.J.C. No. 17008 of 2010. The learned single Judge has allowed the writ petition. The learned single Judge is of the opinion that the workman did not prove that he was paid consolidated wages. In absence of such proof the learned single Judge has held, “respondent no.4 would be only entitled to compensation in place of being reinstated with full wages.” The learned single Judge has directed the Bank, “to pay a compensation of Rs.40,000/- in lieu of back wages.” Therefore, this Appeal. Learned advocate Mr. Purushottam Jha has appeared 3 Patna High Court LPA No.1925 of 2012 (2) dt.25-04-2013 3 / 5 for the appellant workman. He has submitted that indisputably the workman was engaged by the Bank and was retrenched by the Bank without following due process of law. Before the Tribunal, the Bank did not dispute the claim made by the workman. In view of the finding of violation of Section 25-F of the Act, the workman was necessarily entitled to reinstatement in service and the back wages. The order of the Tribunal, therefore, did not deserve interference by the learned single Judge. In support of his submission Mr. Purushottam Jha has relied upon the judgment of the Hon’ble Supreme Court in the matters of Devinder Singh v. Municipal Council, Sanaur, (A.I.R. 2011 S.C. 2532) and of Harjinder Singh v. Punjab State Warehousing Corporation, {(2010) 3 SCC 192}. Mr. Abhishek Krishna Gupta has appeared for the Bank. He has contested the Appeal. He has submitted that the Bank would prefer to pay compensation in lieu of reinstatement in service and the back wages. The Hon’ble Supreme Court has also in many a cases modified the award of reinstatement in service and back wages and has substituted the order of reinstatement in service and the back wages by a lump sum compensation. The Hon’ble Supreme Court has, in the matter of Devinder Singh (supra), reiterated the right of the workman to reinstatement in service and the back wages as held by a line of judgments over a period of decades. The Hon’ble Supreme Court has, in paragraph 23 of judgment in the matter of Harjinder Singh (supra), made caustic remarks in respect of the recent trend to award compensation in lieu of reinstatement in service and the back wages. 4 Patna High Court LPA No.1925 of 2012 (2) dt.25-04-2013 4 / 5 As recorded hereinabove, in the present case, the Bank did not contest the claim of the workman before the Tribunal. In absence of any other material before the Tribunal and in absence of any dispute about the appellant having been employed by the Bank and having been retrenched without following due process of law, the Tribunal was wholly justified in setting aside the order of retrenchment and in directing the Bank to reinstate the workman in service with full back wages. The reasoning adopted by the learned single Judge that the workman did not produce any documentary evidence of his being paid consolidated wages to deny the workman reinstatement in service is, in our opinion, not justified. The Bank did not even plead any mitigating circumstances for which the workman should not be allowed to be reinstated in service or for which the payment of back wages to the workman was not justified. The award for back wages may not be justified in all cases, but in the present case, there was no justification for interfering with the Award of the Tribunal below.
Decision
For the aforesaid reasons, we allow this Appeal. The impugned judgment and order dated 11th September 2012 made by the learned single Judge in C.W.J.C. No. 17008 of 2010 is set aside. C.W.J.C. No. 17008 of 2010 is dismissed. The judgment and Award of the Industrial Tribunal, Patna in Reference Case No. 76(C) of 2008 is restored. The Bank will reinstate the workman in service forthwith but not later than 1st May 2013. The workman will be entitled to receive the salary/wages commencing from 1st May 2013. The amount of back wages will be computed and paid within one month from today. In the event, the Bank fails to 5 Patna High Court LPA No.1925 of 2012 (2) dt.25-04-2013 5 / 5 make the payment of back wages within one month as directed, the Bank will be liable to pay interest over the amount of back wages @ 8% per annum commencing from 25th May 2013 till the date of payment. The parties will bear their own cost. The Registry will send copy of this order to the respondent no.4 forthwith. (R.M. Doshit, CJ) Pawan/- (Ahsanuddin Amanullah, J)