SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1988 Supreme(SC) 291

SUPREME COURT OF INDIA
K.N.Singh : M.H.Kania
Narotam Chopra
Versus
Presiding Officer, Labour Court
Case No. : 1579 of 1988
Date of Decision : 4/18/88

Headnote:

Constitution of India,1950 - Article 226 - Industrial Disputes Act, 1947 - Section 25-F – Employment and Service matter – Dispute - Terminated from service - Appellant was employed in Haryana State Electricity Board, his services were terminated - On a dispute raised by him, State government referred matter to Labour court on question whether the termination of service of appellant was just and correct and if not, to what relief he was entitled - Labour court gave an Award on holding that appellantS termination of service was illegal for non-compliance of S. 25-F of Industrial Disputes Act, 1947 inasmuch as employer failed to give notice and he further failed to pay compensation to appellant - Even after recording this finding - Whether termination of service of appellant was just and correct and if not, to what relief he was entitled – Held, findings recorded by the Labour court clearly show that appellantS services were terminated in violation of S. 25-F of Industrial Disputes Act, 1947 - It is now well settled that if services of an employee are terminated in violation of S. 25-F of Industrial Disputes Act, 1947, the order of termination is rendered ab initio void and employee would be entitled to continuity of service along with his back wages, see Gammon India Ltd. v. Niranjan Dass - Accordingly allow appeal and set aside order of High court and modify Award of Labour court and Court further direct that appel-lant is entitled to reinstatement with full back wages and other allowances – Appeal allowed.

(1) SPECIAL leave granted.

(2) THE appellant was employed in the Haryana State Electricity Board, his services were terminated. On a dispute raised by him, the State government referred the matter to the Labour court on the question whether the termination of service of the appellant was just and correct and, if not, to what relief he was entitled. The Labour court gave an Award on 25/02/1986 holding that the appellantS termination of service was illegal for the non-compliance of S. 25-F of the Industrial Disputes Act, 1947 inasmuch as the employer failed to give notice and he further failed to pay compensation to the appellant. Even after recording this finding, the Labour court held that the appellant was entitled only to one monthS pay in lieu of period of notice of retrenchment and compensation. The appellant challenged the Labour courtS Award before the High court by means of a writ petition under Article 226 of the Constitution. The High court dismissed the writ petition in limine. Hence the appellant has approached this court by way of special leave.

(3) ON the admitted facts, the findings recorded by the Labour court clearly show that the appellantS services were terminated in violation of S. 25-F of the Industrial Disputes Act, 1947. It is now well settled that if the services of an employee are terminated in violation of S. 25-F of the Industrial Disputes Act, 1947, the order of termination is rendered ab initio void and the employee would be entitled to continuity of service along with his back wages, see Gammon India Ltd. v. Niranjan Dass. We accordingly allow the appeal and set aside the order of the High court and modify the Award of the Labour court and we further direct that the appel-lant is entitled to reinstatement with full back wages and other allowances. The appellant is entitled to his costs which is quantified at Rs. 2,000.00.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top