Staffer's termination illegal, HC tells firm

The Delhi High Court has upheld a labour court's award holding Belliss India Ltd responsible for illegally terminating the services of an employee.

While dismissing an appeal filed by Belliss India seeking quashing of the labour court's decision of reinstatement of one Jagmohan Gupta, a division Bench said there was evidence in support of the finding and it cannot sit in appeal over the labour court's findings.

"We agree with the view of the labour court that the management illegally terminated the services of the respondent. We are also in agreement that the award of back wages is justified," the judges said.

While setting aside the termination order, the labour court had held that the employee was performing mainly clerical work. Although Gupta was designated as an assistant manager, yet his duties were clerical in nature, it had held.

The company, which had terminated Gupta's services for failing to report to duty after his transfer to Kolkata office, had alleged that Gupta did not fall in the category of workman under the Industrial Disputes Act as he was working in the capacity of an assistant account manager and was discharging management and administrative functions like delegating work to his juniors and planning their leave, promotions, annual increments etc.

However, Gupta had contended that the management had transferred him with malafide intention just to harass him and there was no exigency of work at Kolkata.

He had also deposed that it was due to family compulsions he had asked for some more time.

The labour court had held that the admission of the witnesses showed malafides on the part of management.

"Had there been any exigency of work, the management would have sent some other persons also for work at Kolkata. No enquiry was held by the management for his not reporting at the Kolkata office," it had observed.