TaxTMI 
TaxTMI 
2021 (2) TMI 916
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....hadia, learned Counsel for the petitioner and Mr. Naresh Saboo, learned Counsel for the respondent. The respondent, who was employed as a Building Inspector, with the petitioner, came to be prosecuted for proceedings under Section 138 of the Negotiable Instruments Act, for dishonour of a cheque issued by him, which resulted in his conviction on 13/6/2008, which conviction was affirmed by the Sessions Court but was set aside by the High Court in Criminal Revision Application No.204/2009 vide judgment dated 22/2/2011. 3. In the meantime, the services of the petitioner due to the conviction by the J.M.F.C., on 13/6/2008, came to be terminated on 24/9/2008, which termination came to be challenged by the respondent before the Labour Court, by....
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....der of reinstatement, for which reliance is placed on Baljinder Pal Kaur Vs. State of Punjab and others, (2016) 1 SCC 671, Hafizuddin Inayatullah Kazi Vs. J. C. Agarwal and others, 1980 (41) F.L.R. 171 and Dattatraya Vasudeo Kulkarni Vs. Director of Agriculture, Maharashtra and others, 1984 Mh.L.J. 406. He further submits that the Courts below ought not to have granted back wages, for which reliance is placed on Basanti Prasad Vs. Chairman, Bihar School Examination Board and others, (2009) 6 SCC 791. He further places reliance upon Maharashtra State Electricity Distribution Co. Ltd., Kolhapur Vs. Pundalik Dattatray Sawadkar, 2010 (3) Mh.L.J. 279 to contend that the act of filing an appeal against an order of conviction, would not be enough ....
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....e submits that even otherwise, the respondent, had about one and half years of service left on the date of his acquittal, and the action on part of the petitioner in not reinstating the respondent back in service, is clearly malafide. He further submits that the respondent would be entitled to full back wages from the date of acquittal till the date of superannuation, which was on 30/9/2012. Reliance is placed upon Bahadur S. Solanki Vs. LIC of India and another, (2002) 10 SCC 105. 7. It is not in dispute that the conviction of the respondent, under Section 138 of the Negotiable Instruments Act by the learned J.M.F.C., has ultimately been set aside by this Court by judgment dated 22/2/2011. A copy of this judgment has not been placed on ....
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.... was to be taken on a judicial acquittal, equally providing for exceptions to the rule on the ground that the criminal charge had failed on technical grounds or the prosecution witnesses had been won over etc., in light of which, the initiation of a departmental enquiry was being opposed. It is in the background of the above rule, that the Hon'ble Apex Court had held that the requirement of the rule, was to be adhered to while considering the need for a departmental enquiry on the same charges. Baljinder Pal Kaur (supra) therefore is of no assistance to the learned Counsel for the petitioner. Hafizuddin Inayatullah Kazi (supra) relied upon by Mr. Mehadia, learned Counsel for the petitioner, holds that the expression "honourably acquitte....
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....spondent was not terminated for any misconduct in the performance of his services, by conducting a departmental enquiry but merely on the ground of his conviction by the learned J.M.F.C., under Section 138 of the Negotiable Instruments Act. It has been averred in the complaint before the Labour Court that during the period of his conviction and acquittal, the respondent was not gainfully employed. The fact of acquittal of the respondent by this Court, was made aware to the petitioner, in March, 2011 itself, which is indicated from the application for amendment filed before the Labour Court (Annexure-B/pg.13), pursuant to which the petitioner, ought to have reinstated the respondent in service, in March, 2011 itself, since the reason for his....
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....ned Counsel for the petitioner, the Hon'ble Apex Court has held that merely because there has been an acquittal, it does not automatically entitle the employee to get salary for the period concerned. Thus, the award of 50% back wages, to the respondent, in light of the above position of law, is not sustainable. However, the claim for back wages from the date of acquittal till the date of superannuation, is clearly sustainable in law, as the petitioner, being aware of the acquittal, was duty bound to take back the respondent in service, the conviction being the sole ground for his termination in the first place, which no longer survived, consequent to the acquittal by the High Court on 22/2/2011. I therefore feel it proper to modify the ....