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2014 Supreme(SC) 1206

CHANDRAMAULI KR.PRASAD, PINAKI CHANDRA GHOSE
Bharat Sanchar Nigam Limited – Appellant
Versus
Kailash Narayan Sharma – Respondent


Advocate Appeared:
For the Appellant :R.D. Agrawala, Sr. Advocate, Pavan Kumar, Prithvi Pal, Ajay Kumar, for Rajiv Tyagi, Advocates.
For the Respondent:Rani Chhabra, Priyanka Sony, M.K. Choudhary, Pankaj Jain, Namita Choudhary, Yudhister Bhardwaj, S.K. Verma, Rohit Kumar Singh, Santosh Mishra, Alok Kumar, Rakesh Uttamchandra Upadhyay, Sanjay Kumar Dwivedi, Amar Deep Sharma, S. Gowthaman, Arunima Pal, Y. Vismai Rao, Y. Raja Gopala Rao, M.R. Calla, Sr. Advocate, Ankit Acharya and Charu Mathur, Advocates.

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:

    "8. Lastly, learned senior counsel submitt

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