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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
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 by the Presiding Officer, Labour Court Begusarai in Reference Case No. 23 of 1994 by which termination of service of respondent nos. 4 and 5, namely Bibhu Shankar Sharma and Mahendra Mallick has been held to be improper and unjustified and it has been held that both the workmen are fit to be adjusted with all consequential benefits in any other branch of
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.
Reinstatement following illegal termination does not guarantee back wages; compensation may be awarded based on service duration and other considerations.
The main legal point established is that in cases of illegal termination of daily wage workers, reinstatement with back wages is not automatic, and instead, the court may award monetary compensation ....
Point of law :Labour Law - There is no proof that the workman has worked for 240 days and, therefore, it was held by the Labour Court that there is no proof that the workman was working continuously ....
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