Termination of a workman's services without adherence to Industrial Disputes Act provisions constitutes a breach, but reinstatement may not be appropriate after a significant period has passed since termination.

JUDGMENT :

1. By way of present petition under Articles 226 and 227 of the Constitution of India, the petitioner - employer – Paschim Gujarat Vij Company Limited, Bhavnagar has challenged the judgement and award passed by the Labour Court, Bhavnagar in Reference (LCB) No.296 of 2000 dated 11/5/2010, by which, the Labour Court directed the petitioner to reinstate the original respondent workman on his original post with continuity of service and other consequential benefits with 20% back wages.

It is pertinent to note that during the pendency of the present petition, the original workman died and hence his widow being heir has been joined as party respondent No.1.1 pursuant to the order passed in Civil Application No.1 of 2020 dated 23/12/2020.

It is relevant to note that the Coordinate Bench of this Court vide order dated 30/09/2020, issued Rule and granted ad-interim stay of the impugned judgement and award passed by the Labour Court subject to compliance of section 17B of the Industrial Disputes Act.

2. FACTS :

2.1. It is the case of the petitioner that the original workman was serving purely on temporary and ad-hoc basis for the purpose of taking meter reading of seasonal consumers and his service was taken as and when permanent meter reader was absent. The original workman was engaged by the Deputy Engineer for temporary work. It is the case of the petitioner that at the time of appointment of the original workman, no procedure for appointment of a regular meter reader was followed since the respondent was purely temporary and ad-hoc meter reader and he was not appointed in regular establishment.

2.2. It is the case of the petitioner that for the purpose of regular meter reader, the petitioner shall have to give advertisement or to call name from Employment Exchange and after interview, qualified candidate is required to be given appointment. Even training under Apprentice Act is required to be passed after passing the said examination, seniority list was required to be prepared and from the said list only, regular meter reader can be appointed.

2.3. The respondent workman was engaged by the Deputy Engineer for temporary work and he was paid from the temporary imprest. After the work of the workman was over, he was not required to be engaged with effect from 4/1/1999. Since the workman was purely temporary and ad-hoc and was not in regular establishment, there is no question of termination.

2.4. Since the workman was terminated orally on 4/1/1999, he raised a dispute which was referred to the Labour Court, Bhavnagar and same was registered as Reference (LCB) No.296 of 2000.

2.5. After considering the evidence on record, the Labour Court passed the impugned judgement and award directing the petitioner to reinstate the workman on his original post with continuity of service and with 20% back wages.

3. Submission of petitioner employer :

3.1. Mr.Dipak R. Dave, learned advocate for the petitioner has submitted that the original workman was serving purely on temporary and ad-hoc basis for the purpose of taking meter reading of seasonal consumers and his service was taken as and when permanent meter reader was absent. It is submitted that the original workman was engaged by the Deputy Engineer for temporary work and at the time of appointment of the original workman, no procedure for appointment of a regular meter reader was followed and he was not appointed in regular establishment.

3.2. Mr.Dipak R. Dave, learned advocate for the petitioner has submitted that for the purpose of regular meter reader, the petitioner shall have to give advertisement or to call name from Employment Exchange and after interview, qualified candidate is required to be given appointment. Even training under Apprentice Act is required to be passed after passing the said examination, seniority list was required to be prepared and from the said list only, regular meter reader can be appointed.

3.3. Mr.Dipak R. Dave, learned advocate for the petitioner has submitted th