Management FDC Limited Vs B. Rajakumar (Karnataka High Court)
Karnataka High Court addressed the case between FDC Limited (management) and B. Rajakumar (workman), where the Labour Court had earlier ruled in favor of the workman, ordering his reinstatement with back wages. The workman, employed as a Sales Promotion employee, had been transferred from Mangalore HQ to Solan HQ in December 2008 but failed to report for duty despite multiple reminders. This non-compliance led to a charge sheet being issued against him, accusing him of misconduct, including unauthorized absence and disobedience of orders. The subsequent domestic inquiry found the workman guilty, resulting in his termination.
The main issue before the Karnataka High Court was whether the Labour Court’s decision to reinstate the workman was justified. The Court found that the Labour Court had strayed from the core issue raised by the government—whether the termination was justified—by delving into the validity of the transfer order. The Court determined that the transfer was within the authority of the management, as the General Manager had authorized the Regional Manager to make the transfer, which was in line with company policies. The workman had not challenged the transfer order, making the termination for disobedience of the transfer lawful. Consequently, the High Court ruled in favor of the management, setting aside the Labour Court’s order for reinstatement and confirming the termination. The workman’s petition for back wages was also dismissed.
