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VIPUL M. PANCHOLI, HEMANT M. PRACHCHHAK
Jayesh s. Joshi – Appellant
Versus
Umreth Municipality – Respondent
JUDGMENT :
VIPUL M. PANCHOLI, J.
1. Present appeal has been filed by the appellant original petitioner against order dated 7.12.2012 passed by the learned Single Judge in Special Civil Application No. 14200 of 2007, whereby the learned Single Judge has dismissed the petition filed by the petitioner.
2. The brief facts giving rise to present appeal are as under:-
2.1 The present appellant - original petitioner was recruited as Daily Wager Octroi Clerk on sanctioned vacant post of the establishment set-up of respondent municipality on 14.10.1990. It is the case of the petitioner that the respondent municipality without following mandatory provision contained in the Industrial Disputes Act, 1947 (hereinafter referred to as the "I.D. Act") retrenched the services of the petitioner on 1.5.2001 by oral order. It is specific case of the petitioner that the juniors to the petitioner were absorbed in other departments of the respondent municipality. The petitioner challenged his illegal termination by raising a dispute which was referred to the Labour Court, Anand where the same was registered as Reference (LCA) No. 103 of 2001. Before the Labour Court, reply was filed by the respondent municip
In cases of wrongful termination, reinstatement with continuity of service and backwages is the normal rule, and the employer should not be relieved of the burden to pay the employee's dues.
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.
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 ....
there is a breach of Section 25-F of the I.D. Act and as there is a delay of 11 years in preferring the reference, instead of granting reinstatement a lump sum amount as full and final settlement wil....
The main legal point established in the judgment is that while the petitioners were entitled to reinstatement, the denial of back wages was upheld based on the nature of the work and the fact that th....
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....
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