Karnataka HC asks employer to pay dues, portion of backwages to ex-Armyman who worked as security guard at factory
In a case heard before a single-judge bench of the Karnataka High Court on April 5, an order was passed, awarding partial back wages to an ex-Army security guard of a factory, after his dismissal. The case was heard by Justice Suraj Govindaraj.
In the case before the court, a Labour Court decision was being disputed in different aspects by both the parties. The employer argued that in 2006, the guard failed to salute a security officer. Later, a showcause was issued to him for sending through a truck at the gate, which had an extra two-wheeler vehicle compared to the invoice. The guard was later dismissed. They argued that he was negligent and the employer had lost confidence in him, noting that the extra scooter was only discovered later by a dealer.
The guard’s counsel pointed out that to check the number of vehicles they would have to be removed from the truck, and it would lead to a delay at the gate if it was a regular practice. They further argued that it was not a standard practice at the factory. They also argued that the invoice had been overwritten to 50 from 51, and that he had been targeted since he could not be cajoled by his seniors, being an ex-Armyman.
Considering these arguments, the court ordered, “The workman having superannuated, the employer is directed to settle all the dues of the workman as if no punishment had been imposed on the workman with continuity of service with consequential benefits as also 25% backwages within a period of 60 days from the date of receipt of copy of this order.”
