2016 LAB. I. C. 2628 ::ILR 2016 CHH 1750

Chhattisgarh High Court

Hon'ble Judge(s): Sanjay K. Agrawal , J

(A) Industrial Disputes Act (14 of 1947) S. 11 A — M P Industrial Relations Act (27 of 1960), S 27 — Chhattisgarh Industrial Relations Rules (1961), R 60 — Chhattisgarh Industrial Employment (Standing Orders) Rules (1963), R 12(1)(p) — Termination of service — Employees remaining absent for compelling employer to accept their demands — It does not amount to abandonment of service by them — Termination of their services on that ground — Principles of natural justice not observed — Order terminating services liable to be set aside (Paras 44, 46, 47)

(B) Industrial Disputes Act (14 of 1947) S. 10, 11A — Reference — Termination of services — Challenge as to — Workmen-Union failed to establish existence of relationship between workers with that of employer by leading appropriate legal evidence — Adverse finding by Industrial Court placing burden of proof on employer to prove said relationship and granting compensation to workers — Is contrary to law and perverse to record (Paras 31, 47)