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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V.MARNE
Bank of Baroda – Appellant
Versus
Shashikant Pitale – Respondent
| Table of Content |
|---|
| 1. challenge to illegal termination and reinstatement. (Para 1 , 2) |
| 2. arguments on wrongful termination and claims for regularization. (Para 7 , 8 , 10 , 11 , 12) |
| 3. court's consideration of termination validity. (Para 13 , 14 , 15 , 16 , 17) |
| 4. considerations on reinstatement and compensation. (Para 19 , 20 , 21 , 22 , 24) |
| 5. rejection of regularization claims due to absence of sanctioned posts. (Para 36 , 37) |
| 6. direction for lump-sum compensation instead of reinstatement. (Para 41 , 42 , 43) |
JUDGMENT :
SANDEEP V. MARNE, J.
1. The Petitioner-Bank has filed the present Petition challenging the Award dated 18 June 2014 passed by the Central Government Industrial Tribunal-II, Mumbai passed in Reference No. CGIT-2/64 of 2003. By the impugned Award, the reference is answered partly in the affirmative and the Petitioner-Bank is directed to reinstate the Respondent-Workmen in service with 30% backwages and other consequential benefits with continuity of service. The Tribunal has further directed regularisation of services of the Respondent-Workmen at par with other similarly placed workmen as per their seniority and in accordance with the settlement.
2. Petitioner is a nationali
Termination of employment found unlawful under ID Act; reinstatement not automatic; compensation awarded instead.
The court upheld that an employee's continuous service of over 240 days entitles him to protections under the Industrial Disputes Act, and any termination without adherence to statutory requirements ....
Termination of daily-wage employees lacks grounds for immediate reinstatement; instead, procedural violations prompt compensation under Section 25F of the Industrial Disputes Act.
The court established that reinstatement with back wages is not automatic for ad-hoc workers and that compensation may suffice if formal appointment procedures are not followed.
Illegal termination of short-term daily wager violating Section 25-F ID Act warrants lump-sum compensation, not reinstatement, considering brief service, long delay, superannuation, and no unfair pra....
The court upheld the illegal termination of the respondents/workmen and their entitlement to reinstatement with full back wages and other consequential benefits under the Industrial Disputes Act, 194....
Since litigious employer has gone back and forth from this Court before the Single Judge to the Division Bench and then Supreme Court and back on two occasions rendering the workman without the fruit....
However, wherever it is found that similarly situated workmen are regularized by the employer itself under some scheme or otherwise and the workmen in question who have approached Industrial/Labour C....
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