Gvk Emergency Management v. the Presiding Officer
Case brief
What is this about?
This writ petition challenged a Labour Court order reinstating an employee dismissed for striking during duty. The High Court modified the order, denying back-wages as punishment but directing immediate reinstatement contingent on the employee furnishing an undertaking not to repeat the misconduct.
What did the court decide?
Reinstatement in service without back-wages, conditional upon furnishing an undertaking not to commit misconduct again.
What the court decided
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.03.2018
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD)No.2570 of 2016 and W.M.P(MD)Nos.2276 of 2016 & 6711 of 2017
GVK Emergency Management and Research Institute, Health Visitors Training Institute, Gandhi Hospital for Women and Children Chennai – 600 005,
rep. by its Head – HR Mr.R.Ramachandran
... Petitioner
Vs.
1.The Presiding Officer, Labour Court, Tirunelveli.
2.T.Sermugadurai ... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for the records relating to the impugned award dated 16.06.2015 (received on 07.08.2015) passed by the first respondent in I.D.No.35/2014 and quash the same.
Issues for consideration
2 issues framed by the court
Whether the dismissal of an ambulance driver who struck off duty is harsh enough to warrant modification of the reinstatement order.
Whether breach of contract regarding payment of wages during pendency justifies refusing back-wages and conditioning reinstatement on an undertaking.
Parties & counsel
- petitioner
GVK Emergency Management and Research Institute
- respondent
The Presiding Officer, Labour Court, Tirunelveli
- respondent
T.Sermugadurai
Coram
Case details
As recorded by the court registry
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