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2015 Supreme(HP) 1453
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Sureshwar Thakur, J.
State of H.P. & others - Petitioners
Versus
Jeet Ram – Respondent
CWP No.2081 of 2011 along with CWP Nos. 2060, 2061, 2063, 2065, 2080, 2083,
2084 and 2085 of 2011.
Decided on : 7.12.2015.
For the Petitioners:Mr. Vivek Singh Attri, Deputy Advocate General.
For the Respondent:Mr. Anuj Gupta, Advocate.
The main legal point established is that the termination of services must comply with the mandatory statutory provisions of the Industrial Disputes Act, specifically Section 25F and Section 25G.
Headnote:
Industrial Disputes Act - Termination of Services - Section 25F, Section 25G
Fact of the Case:
The petitioners terminated the services of the respondents, daily wagers, on the completion of the Integrated Water Shed Development Project. The respondents raised an industrial dispute, which was referred to the Industrial Tribunal-cum-Labour Court.
Finding of the Court:
The court found that the termination of services by the petitioners was in violation of Section 25F and Section 25G of the Industrial Disputes Act. The court ordered the re-engagement of the respondents with seniority and continuity in service, but did not grant back wages.
Issues: The issues revolved around the legality and justification of the termination of services without complying with the provisions of the Industrial Disputes Act, and the entitlement of the aggrieved workmen to service benefits, seniority, back wages, and compensation.
Ratio Decidendi: The court held that the petitioners failed to comply with the mandatory statutory provisions of Section 25F and Section 25G of the Act, rendering the termination of services to be in violation of the law.
Final Decision: The court dismissed the petitions, maintained and affirmed the impugned awards, and ordered no costs. All pending applications were disposed of.
Sureshwar Thakur, J.
All these petitions pertain to a common subject matter, hence, are being disposed of by a common order.
2. The respondents herein stood engaged on a daily wage basis by the petitioners-State. The services of the respondents herein as daily wagers under the petitioners herein stood terminated by the latter on the ground of the objectives of the project nomenclatured as Integrated Water Shed Development Project, Kandi standing achieved, hence, obviously on completion of the project aforesaid sequelling effect of closure of industrial undertaking, the services of the respondents not being required. The respondents herein raised an industrial dispute qua their termination from service by the petitioners herein. The Industrial dispute as raised by the respondents herein did not mete with any success before the Labour-cum-Conciliation Officer, Solan. On conciliatory efforts of the Labour-cum- Conciliation Officer for amicably settling the industrial dispute generated by the respondents herein arising out of their purported illegal termination from services by the petitioners herein bearing no fruition, the Labour-cum- Conciliation Officer hence referred the matter to the competent authority of the appropriate government. The competent authority of the appropriate government formulated reference(s) couched in the hereinafter extracted phraseology for adjudications thereupon by the learned Industrial Tribunal-cum-Labour Court concerned:-
In CWP No.2081:-
“Whether termination of services of Sh. Jeet Singh son of Sh. Rattan Chand, w.e.f. 30.9.2005 by the Employer without complying with the provisions of Industrial Disputes Act, 1947 is legal and justified? If not, what service benefits, seniority, back wages and amount of compensation the aggrieved workman is entitled to?”
In CWP No.2060:-
“Whether the termination of services of Shri Ram Sawroop S/o Shri Varyam Singh w.e.f. 30.09.2005 by the Employer without complying with the provisions of Industrial Disputes Act, 1947 is legal and justified? If not, what service benefits, seniority, back wages and amount of compensation the aggrieved workman is entitled to?”
In CWP No.2061:-
“Whether the termination of services of Shri Dalbir Singh son of Shri Khajana Ram w.e.f. 30.09.2005 by the Project Director, Kandi Integrated Water Shed, Tank Road Solan, District Solan, H.P. without complying with the provisions of Industrial Disputes Act, 1947 is legal and justified? If not, what relief of service benefits, seniority, back wages and amount of compensation the aggrieved workman is entitled to?”
In CWP No.2063:-
“Whether the termination of services of Shri Yudhbir Singh S/o Shri Raja Ram w.e.f. 30.09.2005 by the Project Director, Kandi Integrated Water Shed, Tank Road Solan, District Solan, H.P. without complying with the provisions of Industrial Disputes Act, 1947 is legal and justified? If not, what relief of service benefits, seniority, back wages and amount of compensation the aggrieved workman is entitled to?”
In CWP No.2065:-
“Whether the termination of services of Smt. Nirmla Devi, W/o Shri Chint Ram w.e.f. 30.09.2005 by the Employer without complying with the provisions of Industrial Disputes Act, 1947 is legal and justified? If not, what service benefits, seniority, back wages and amount of compensation the aggrieved workman is entitled to?”
In CWP No.2080:-
“Whether the termination of services of Smt. Tripta Devi W/o Shri Kuldeep Singh w.e.f. 30.09.2005 by the Employer without complying with the provisions of Industrial Disputes Act, 1947 is legal and justified? If not, what relief of service benefits, seniority, back wages and amount of compensation the aggrieved workman is entitled to?”
In CWP No.2083:-
“Whether the termination of services of Shri Sanjeev Kumar S/o Shri Tirath Ram w.e.f.
30.09.2005 by the Employer without complying with the provisions of Industrial Disputes Act, 1947 is legal and justified? If not, what relief of service benefits, seniority, back wages a
