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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
JUSTICE DINESH MEHTA, J
Barkatulla, S/o Shri Mohd. Sayeed – Appellant
Versus
State of Rajasthan, through the Chief Engineer Public Health Engineering Department – Respondent
Order :
(DINESH MEHTA, J.)
1. The petition in hands preferred under Article 226/227 of the Constitution of India calls in question the judgment and award dated 16.11.2002 passed by the learned Labour Court, Jodhpur, (hereinafter referred to as ‘the Tribunal’) whereby the reference made at the instance of the petitioner was decided against him.
2. According to the petitioner, he was appointed as a daily wage earner (helper) in the office of respondent No.3 on 01.12.1991 and he continued up to 15.10.1992. He further claimed that despite serving more than 240 days, the respondents had retrenched him without following the procedure as enunciated under section 25F of the Industrial Dispute Act, 1947 (hereinafter referred to as the ‘Act of 1947’).
3. Upon being retrenched, the petitioner approached this Court by way of preferring a writ petition being S.B. Civil Writ Petition No.6263/1992, which was ultimately decided by this Court vide its order dated 03.04.1995 - the petitioner was relegated to take remedies under the Act of 1947 with a corresponding direction to the State Government to make a reference.
4. Pursuant to the order dated 03.04.1995, a reference came to be made by the State Gov
Retrenchment of a daily wage earner was declared illegal due to violation of section 25G of the Industrial Disputes Act, 1947, mandating adherence to the Last-In, First-Out principle.
The requirement of continuous service of 240 days under the Industrial Disputes Act, 1947 is essential for challenging retrenchment, and the burden of proof lies with the employer.
Termination of a contractual employee upon contract expiry does not qualify as retrenchment under the Industrial Disputes Act, thus not requiring reinstatement.
The court established that non-compliance with statutory provisions regarding termination under the Industrial Disputes Act leads to invalid termination and entitlement to compensation.
Section 10 reads as reference of disputes to Boards, Courts or Tribunals.
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