08 May 2024 Employee Related >> Corporate Law   |   Dispute with employer >> Workplace/ Professional Related  

A government employee who was fired for allegedly threatening and abusing colleagues has won his case for unfair dismissal. The court ruled that the employee must be reinstated but will receive only half of the back wages initially awarded.

Background:

The employee, who worked in a government hospital, was dismissed after a departmental inquiry found him guilty of misconduct. However, the employee challenged the dismissal, arguing that the inquiry itself was unfair. He claimed he wasn't allowed to question the witnesses against him and never received a copy of the inquiry report. The Labor Court initially dismissed the employee's complaint but later reversed its decision upon finding the inquiry process flawed. The State Government appealed this decision, but the court ultimately upheld the reinstatement order.

Conclusion:

While the court agreed the dismissal process was unfair, it also acknowledged the seriousness of the allegations against the employee. To account for both factors, the court reduced the employee's back wages from 100% to 50%. The court considered the lengthy period the employee was out of work (26 years) and his history of misconduct before the dismissal. The court's decision means the employee will get his job back but with a significant reduction in back wages. The State Government's attempt to delay the decision through a stay order was unsuccessful.

  Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971