Labour Tribunal competent to order reinstatement : High Court

Srinagar, March 27: Emphasising the authority of labour courts and tribunals to order reinstatement the Jammu and Kashmir and Ladakh High Court has said that when a worker's dismissal is deemed unjustified the Tribunal may by its award set aside the order of discharge or dismissal and direct reinstatement of the workman.

Debunking a contention that Labor Tribunals lack the competence to pass such orders Justice Vinod Chatterji Koul observed,

“The power of Labour Courts, Tribunals and National Tribunals to give appropriate relief in case of discharge or dismissal of workmen is provided in Section 11A of the Industrial Disputes Act.. in the course of adjudication proceedings, the Labour Court, Tribunal or National Tribunal is satisfied that order of discharge or dismissal is not justified, it may, by its award, set aside the order of discharge or dismissal and direct reinstatement of the workman:”

The case involved the Director

of Rural Development, Kashmir seeking the quashing of an award by the Industrial Tribunal/ Labour Court, Srinagar, favouring respondent Abdul Qayoom Dar, a worker whose services were terminated by the department.

The Director contended that the Tribunal exceeded its jurisdiction by ordering reinstatement and back wages for Dar, arguing that he was not a continuous employee and was terminated in accordance with government policy on daily wagers.

However, the Tribunal found that Dar had been engaged by the department since 1992 and was entitled to continue his employment. It ruled his termination illegal and ordered his reinstatement with full back wages and benefits. The Director challenged this order before the High Court.

Upon considering the contentions and perusing the record Justice Koul observed that the Government itself had referred the dispute to the Tribunal for adjudication and the Tribunal, after examining the evidence presented by both parties, concluded that Dar had been working in the department since 1992, which predated the ban on such appointments.

The bench highlighted the relevant provisions of the Jammu and Kashmir Daily Rated Workers/ Work Charged Employees ( Regularisation) Rules, 1994, which entitled daily wage workers who meet certain criteria to be regularized after completing a specific period of service.

“Taking into account these aspects of the matter, the Tribunal has rightly held termination of respondent no. 1 as illegal and uncalled for and consequently held respondent no. 1 entitled to reinstatement along with all back wages and other consequential service benefits”, the bench recorded.

Elaborating further on the matter Justice Koul emphasised the power of labour courts and tribunals to order reinstatement under Section 11A of the Industrial Disputes Act and maintained that if a tribunal finds a worker's dismissal unjustified, it can direct their reinstatement, as seen in this case.

The court accordingly dismissed the Director's petition, stating that Dar had the right to challenge his termination and upheld the Tribunal's decision. It also dropped contempt proceedings against the department but warned of further action if the order wasn't implemented within eight weeks.