M/S. KESORAM COTTQN MILLS LTD versus GANGADHAR AND OTHERS

M/S. KESORAM COTTQN MILLS LTD versus GANGADHAR AND OTHERS

Suspended workmen, if reinstated, are entitled to full wages from the date of the agreement up to award enforcement; if dismissed without inquiry as envisaged by the agreement, they are still entitled to wages till enforcement of the award. Inquiry for 5 workmen violated principles of natural justice as witness...

Source-derived case information.

Parties
Appellant: M/s. Kesoram Cotton Mills Ltd.; Respondents: Gangadhar and others; Respondents (in CA No. 426 of 1962): M/s. Kesoram Cotton Mills Ltd.; Appellants (in CA No. 426 of 1962): Gangadhar and others
Jurisdiction
India
Judgment Date
04 April 1963
Procedural Posture
Civil Appeal / Appeal by Special Leave Against Award of First Industrial Tribunal, West Bengal
Outcome
Appeal by management dismissed; appeal by workmen allowed in part with modification of award.
Legal Topics
Suspension of Workmen, Dismissal During Inquiry, Principles of Natural Justice, Compensation and Wages During Suspension, Standing Orders Under Industrial Law
Labour & Industrial Law Suspension of Workmen Dismissal During Inquiry Principles of Natural Justice Compensation and Wages During Suspension Standing Orders Under Industrial Law

Source-derived case record

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Parties

M/s. Kesoram Cotton Mills Ltd.

Appellant

Gangadhar and others

Respondents

M/s. Kesoram Cotton Mills Ltd.

Respondents (in CA No. 426 of 1962)

Gangadhar and others

Appellants (in CA No. 426 of 1962)

Procedural Posture

Civil Appeal / Appeal by Special Leave Against Award of First Industrial Tribunal, West Bengal

Legal Issues

  1. 1 Entitlement of suspended workmen to wages/compensation during suspension period
  2. 2 Propriety of procedures used during disciplinary inquiries
  3. 3 Entitlement of dismissed workmen to reinstatement or compensation

Ratio Decidendi

Suspended workmen, if reinstated, are entitled to full wages from the date of the agreement up to award enforcement; if dismissed without inquiry as envisaged by the agreement, they are still entitled to wages till enforcement of the award. Inquiry for 5 workmen violated principles of natural justice as witness statements were not provided in advance; dismissal of 4 justified by evidence before tribunal. Clause 7 and 9 of the agreement interpreted to mean that reinstated workmen cannot be deprived of wages for suspension period.

Court Disposition

Appeal by management dismissed; appeal by workmen allowed in part with modification of award.

Orders

  • Fifteen workmen reinstated to be paid full wages from December 24, 1957.
  • One workman (Hiralal Bhomick) reinstated with full wages from date of suspension.