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IN THE HIGH COURT OF DELHI AT NEW DELHI
SHAIL JAIN
Punjab & Sind Bank – Appellant
Versus
Ramesh Chandra Semwal – Respondent
JUDGMENT :
SHAIL JAIN, J.
1. The present Writ Petition has been filed under Article 226/227 of the Constitution of India, inter-alia, assailing the Award dated 09.06.2014 (hereinafter ‘Impugned Award’) passed by Ld. Central Government Industrial Tribunal II, New Delhi (hereinafter ‘CGIT’) answering the reference in negative terms holding the termination of the Respondent/Workman to be void and that the Respondent/Workman is entitled for reinstatement with regularization of his services as Orderly/ Daftari.
BRIEF FACTS:
2. The Petitioner is a Nationalized Bank constituted under the Banking Companies (Acquisition & Transfer of Undertaking) Act, 1980 having its branches all over India including its branch at Mussoorie in Dehradun District, Uttarakhand.
3. The Respondent/Workman was employed with the Petitioner/bank since 1988 in the capacity of a temporary employee (Peon) at its Zonal Office in Dehradun vide appointment letter dated 19th September 1988. The initial appointment was for a period of 30 days w.e.f. 21st September 1988, the terms and conditions of appointment stipulated that the engagement was temporary in nature.
4. In the year 1992, the Petitioner/Bank terminated the services
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 ....
In illegal termination cases involving daily-wage workers, reinstatement is not automatic; compensation and circumstances of employment should be evaluated.
Termination of employment found unlawful under ID Act; reinstatement not automatic; compensation awarded instead.
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....
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 ....
Labour Court has held against the workman on the basis that the documents like pay sleep, muster roll etc. are not produced. But, at this juncture, it is require to peruse the oral evidence of the wo....
Termination of daily-wage employees lacks grounds for immediate reinstatement; instead, procedural violations prompt compensation under Section 25F of the Industrial Disputes Act.
The main legal point established in the judgment is that the termination of an employee's services must comply with the provisions of the Industrial Disputes Act, including notice and compensation re....
Termination of daily wages worker was illegal due to procedural deficiencies; reinstatement was deemed inappropriate, thus awarded monetary compensation instead.
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