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ARUN BHANSALI, ASHOK KUMAR JAIN
Dist. Opium Officer, Narcotics Department – Appellant
Versus
Suresh Kumar Jeengar – Respondent
ORDER :
Arun Bhansali, J.
This appeal is directed against the order dated 14.03.2014 passed by learned Single Judge, whereby, the writ petition filed by the appellant against award dated 14.09.2012 passed by Labour Court, Bhilwara has been dismissed.
2. The respondent - workman raised dispute and the appropriate Government referred the dispute on 28.11.2006 to the Labour Court, Bhilwara whether action of the Management of District Opium Officer, Narcotics Department, Bhilwara is legal and justified, if not, to what relief is the workman entitled to.
3. The workman filed statement of claim, which was contested by the petitioner-appellant, after evidence was led by the parties, the Labour Court came to the conclusion that the termination of workman's services were in violation of the provision of Section 25 -F of the Industrial Disputes Act, 2011 ('the Act'), inasmuch as, neither he was given notice nor the compensation in lieu of notice before retrenchment and, therefore, directed his reinstatement with 50% back wages.
4. Feeling aggrieved, the appellant filed petition under Article 226 & 227 of the Constitution of India.
5. After hearing the parties, learned Single Judge by his impugned
Violation of provisions under Sections 25F and 25H of the ID Act led to the direction for reinstatement without backwages.
Termination of employment without notice violates Sections 25-G and 25-H of the Industrial Disputes Act, 1947.
In a case where Section 25-F of the Act applies the workman is bound to prove that he had been in continuous service of 240 days during twelve months preceding the order of termination; in a case whe....
The central legal point established is that termination of services must comply with Section 25-F of the ID Act, and reinstatement may not automatically follow a finding of illegality.
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 services found in violation of Section 25-F; reinstatement not ordered due to short service and significant delay, leading to compensation instead.
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