Breach of Section 25F of the Industrial Disputes Act, 1947

Order :

1. Heard Ms. Anitha Shenoy, learned Counsel in support of this appeal and Dr. Rajeev Sharma, learned Counsel for the respondent.

The civil appeal seeks to challenge the order passed by the Karnataka High Court dated 21st March, 2006, in Writ Petition No. 35885 of 2001, whereby the High Court has allowed the writ petition filed by the respondent herein and directed reinstatement of the respondent without any back wages with continuity of service.

The short facts leading to the case are as follows:

The respondent, who was working as daily rated Lab Assistant with the Horticulture Department, Zila Panchayat, was terminated from service on 31st December, 1990. He raised an industrial dispute rather belatedly. The Labour Court, declined to entertain the Reference. The respondent carried the matter to the High Court. The High Court considered mainly the issue that the respondent worked for more than 240 days in the year preceding to his termination and that he was not given either the notice nor retrenchment compensation. The High Court, therefore, directed reinstatement though without any backwages. Hence, this appeal by way of special leave.

2. From the records, it is seen that leave was granted in this matter on 19th November, 2008. The prayer for interim relief was specifically rejected. In the circumstances, the respondent must have been taken back on duty with continuity of service. The only question is whether High Court order was in any way erroneous. In this connection, we have to note that there was a breach of condition under section 25F of the Industrial Disputes Act, 1947. Therefore, the order cannot be flouted. Hence, there is no reason to interfere with the impugned order. The civil appeal is, accordingly, dismissed.

No order as to costs.