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DEEPAK KUMAR TIWARI
State of Chhattisgarh Through The Secretary, Department Of Public Works – Appellant
Versus
Dinesh Kumar Tiwari S/o Dulasram Tiwari – Respondent
ORDER :
Deepak Kumar Tiwari, J
1. This petition has been filed under Article 226/227 of the Constitution of India assailing the legality and validity of the award dated 31st March, 2016 passed by the Labour Court, Janjgir Champa in Case No.04/I.D.A./2015 (Ref.), whereby the respondent/employee was reinstated in service without back wages and it was further directed that the period during which the respondent/employee was out of service shall be computed for all practical purposes.
2. Facts of the case are that the respondent/employee was appointed purely on temporary basis on the post of Roller Helper in the petitioner Department vide order dated 21st May, 1990. However, his services were discontinued from 30th April, 1993. The respondent/ employee raised an industrial dispute after more than 22 years stating that his termination is illegal and bad in law, though he has already completed more than 240 days preceding to his termination in every calender year. Without any payment of retrenchment compensation or legal notice, his services were discontinued, which is in violation of Section 25-F of the Industrial Disputes Act, 1947 (henceforth ‘the Act, 1947’). The said reference was allo
Delay in raising an industrial dispute can bar the claim, and temporary employees have no right to regularization outside constitutional provisions.
Industrial disputes must be referred to the tribunal within a reasonable time; excessive delay may render claims stale and prejudicial to the employer's operations.
Termination of services without compliance with Section 25-G of the Industrial Disputes Act is illegal, especially when junior employees are retained.
In absence of any evidence produced by the petitioner workman establishing that he had worked under the Respondent continuously for 240 days and, coupled with the fact that the industrial dispute has....
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