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IN THE HIGH COURT OF JUDICATURE AT PATNA
G.ANUPAMA CHAKRAVARTHY
General Manager, Barauni Thermal Power Station – Appellant
Versus
State of Bihar, through the Secretary, Department of Labour and Employment – Respondent
| Table of Content |
|---|
| 1. legitimacy of the labour court's award under dispute (Para 1 , 3) |
| 2. argument against reinstatement due to closure (Para 4 , 5 , 6 , 10 , 12 , 14) |
| 3. court's determination on reinstatement's legality (Para 18 , 21 , 22) |
| 4. reinstatement and back wages deemed unsustainable (Para 27 , 28) |
| 5. conclusions based on court analysis (Para 29 , 30) |
JUDGMENT :
G. ANUPAMA CHAKRAVARTHY, J.
1. The petitioners have filed the Writ petition for the following relief:
“ For quashing the Award dated 27.06.2018 passed in Reference Case No.23 of 1994 by the Presiding Officer, Labour Court, Begusarai, Respondent no.2 by which the Court reinstated two workmen out of six in service with back wages committing an error that the College run by the petitioner in the Barauni Thermal premises which was closed for last so many years and there was no post on which the workman was reinstated in service and directed to be re-appointed in closed establishment the dispute was raised in a closed establishment which can not be an Industrial Dispute under the Act.”
2. It is the second round of litigation. At the outset, the petitioner has filed CWJC No. 8790 of 2008 assailing the award dated 18.12.2007 passed
Reinstatement and back wages cannot be ordered for workers in a closed establishment, as such directions are legally unsustainable.
The main legal point established in the judgment is that the consequences of an illegal closure are statutorily prescribed, and the workmen are entitled to all the benefits under any law for the time....
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....
In illegal termination cases involving daily-wage workers, reinstatement is not automatic; compensation and circumstances of employment should be evaluated.
Once violation of Sections 25(F), (G) and (H) of the Industrial Disputes Act is established, reinstatement should follow, as per the decision in Gauri Shanker vs. State of Rajasthan.
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