CHANDRAMAULI KR.PRASAD, PINAKI CHANDRA GHOSE
Bharat Sanchar Nigam Limited – Appellant
Versus
Kailash Narayan Sharma – Respondent
ORDER :
Delay condoned.
2. In all these special leave petitions the only question which falls for our consideration is in regard to the validity of the order of reinstatement of the respondents.
3. Leave granted.
4. It is common ground that all the respondents were appointed on daily wages and continued to work for a period spread over two years to more than seven years. Finding that their termination was retrenchment and being in violation of Section 25-F of the Industrial Disputes Act, 1947 ("I.D. Act" for short) a direction was given for reinstatement with certain percentage of back wages.
5. The only contention raised on behalf of the appellants is that even if the termination is held to be in violation of Section 25-F of the I.D. Act, in the facts and circumstances of the cases, the relief of reinstatement ought not to have been granted. In support of the submission, reliance has been placed on a decision of this Court in a case of Senior Superintendent Telegraph (Traffic), Bhopal v. Santosh Kumar Seal and Ors. reported in 2010 (6) SCC 773 and our attention has been drawn to Paragraphs 8, 9 and 11 of the said judgment. Same read as follows:
Incharge Officer v. Shankar Shetty
Jaipur Development Authority v. Ramsahai
Mahboob Deepak v. Nagar Panchayat, Gajraula
Senior Superintendent Telegraph (Traffic), Bhopal v. Santosh Kumar Seal
Sita Ram v. Moti Lal Nehru Farmers Training Institute
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