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IN THE HIGH COURT OF KERALA AT ERNAKULAM
JUSTICE AMIT RAWAL, JUSTICE HARISANKAR V. MENON, JJ
UNION OF INDIA – Appellant
Versus
SUHARA BHEEVI – Respondent
JUDGMENT :
Amit Rawal, J.
1. Present OP(CAT) at the instance of Union of India, Postal Department, is directed against the judgment dated 28.11.2022 rendered in O.A.No.322 of 2022, whereby following reliefs claimed by the respondents/applicants have been allowed, though according to the petitioner, in a different manner:
I. To call for records leading to any proceedings directing termination of services of the applicants and quash the same;
II. To direct the respondents to reinstate the applicants in employment and to continue them in service in preference to freshers and juniors with all consequential benefits including back wages for the period they were kept on service;
III. grant such other reliefs as may be prayed for and the court may deem fit to grant, and
IV. To grant the costs of this Original Application.
2. For adjudication of the lis, the facts, in narrow compass, are enumerated herein below:
Respondents – applicants, twenty two(22) in number, who have been employed as casual daily waged Mazdoors for 5 to 11 years, had set up their claim before the Labour Commissioner for grant of minimum wages as has been granted to their counterparts in other departments. During the pendency
Casual employees have preferential rights to re-engagement over new hires until regular positions are filled, as protected under Section 33 of the Industrial Disputes Act.
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....
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.
However, wherever it is found that similarly situated workmen are regularized by the employer itself under some scheme or otherwise and the workmen in question who have approached Industrial/Labour C....
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 ....
Termination of daily wages worker was illegal due to procedural deficiencies; reinstatement was deemed inappropriate, thus awarded monetary compensation instead.
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