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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
DEVASHIS BARUAH
Kishlay Foods Private Limited – Appellant
Versus
State Of Assam – Respondent
| Table of Content |
|---|
| 1. challenge to award and background of case. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments regarding abandonment of service. (Para 9 , 10 , 11 , 12) |
| 3. examination of principles of natural justice and case laws. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 4. entitlement of compensation for violation of rights. (Para 28) |
| 5. conclusion and directives regarding compensation. (Para 29 , 30 , 31) |
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. Y Kothari, the learned counsel appearing on behalf of the petitioner. Mr. A Dasgupta, the learned Senior Counsel assisted by Ms. B Das, the learned counsel, who appears on behalf of the respondent No.3. Ms. U Das, the learned Additional Senior Govt. Advocate, Assam who appears on behalf of respondent No.1.
2. The petitioner herein has approached this Court challenging the award dated 10.05.2016 passed in Reference Case No.2/2015 and Case No.1/2015. The petitioner has also assailed the execution proceedings being Execution Case No.4/2016 pending before the Court of the learned District Judge, Kamrup(M) Guwahati, which is consequential to the Award dated 10.05.2016.
3. The brief facts which had led to the present pro
The Court ruled that termination without notice and opportunity to explain absence violated principles of natural justice, justifying reinstatement and compensation.
Termination of contractual employment does not equate to retrenchment under Section 2(oo)(bb) of the Industrial Disputes Act, 1947, limiting the right to claim reinstatement.
The court ruled that termination due to non-renewal of a contractual appointment does not qualify as retrenchment under the Industrial Disputes Act, 1947.
The main legal point established in the judgment is that the termination of services was illegal and unjustified, and the principles of 'last come, first go' were not followed. The court also emphasi....
Since litigious employer has gone back and forth from this Court before the Single Judge to the Division Bench and then Supreme Court and back on two occasions rendering the workman without the fruit....
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