Mumbai: Employer gets month's jail-term for not reinstating an employee

Deciding on an almost nine-year-old complaint regarding non-compliance of another labour court order of 2010, a city labour court sentenced a factory owner to a month of imprisonment for not reinstating an employee.

Pronouncing his decision for the proprietor Shahid Shaikh of Saba Engineering Works, judge DS Kolte said, "Complaint of unfair labour practice was filed in 2006. The judgement was passed in 2010. Till date, not a single letter was issued to the complainant to resume work as per order. I am of the opinion that only punishment of fine may not be justified after lapse of such a long time. Object of imposing punishment is not to send the accused behind bars, but also to deter other wrongdoers. Therefore an imprisonment for a period of one month is imposed."

The defence of the proprietor was that he had called the complainant Rayees Ansari to resume duty, but Ansari was not interested to do so. Shaikh had also told the court that other workmen had resumed services post the order.
The complainant had also alleged that post the order, he had reported to work, but he was turned away by Shaikh.

Shaikh also stated in his defence that Ansari had not personally intimated him regarding the order and that the copy of the judgment was not sent to him. Declaring Shaikh guilty of non-compliance of order, the court stated, "Shaikh being proprietor has knowledge of passing of judgment against him and directing him to reinstate complainant and others. In spite, the accused failed to comply the order passed by the court."

The Other Side

The defence of the proprietor was that he had called the complainant Rayees Ansari to resume duty, but Ansari was not interested to do so.