SATYEN VAIDYA
Puja – Appellant
Versus
Vikas Negi – Respondent
JUDGMENT :
Satyen Vaidya, J.
By way of instant petition, the petitioner has approached this Court for initiating proceedings, against respondents, under the Contempt of Courts Act with the allegation that they have willfully and deliberately disobeyed the judgment/order dated 26.02.2022 passed by this Court in LPA No. 258 of 2012, titled as State Bank of India and another vs. Puja.
2. Brief facts necessary for adjudication of the petition can be summed up as under :
(i) The petitioner worked as sweeper in New Shimla branch of State Bank of India (for short, ‘the bank’) from 6.9.2000 to 29.7.2005, on payment of Rs. 50 per day. She was not allowed by the bank to work with effect from 29.7.2005. Petitioner had raised an industrial dispute under the Industrial Disputes Act, 1947 (for short, ‘the Act’) against the bank alleging inter-alia termination of her services to be in violation of Section 25-F of the Act with further prayer to reinstate her in service with all consequential benefits.
(ii) Appropriate authority on 22.01.2007 had referred the dispute raised by petitioner to Central Government–cum-Labour Court, Chandigarh (for short, ‘the Tribunal’) under Section 10 of the Act in follo
Sudhir Vasudeva, Chairman and Managing Director
Jhareswar Prasad Paul and Another vs. Tarak Nath Ganguly and others (2002) 5 SCC 352
V.M.Manohar Prasad vs. N. Ratnam Raju and Another (2004) 13 SCC 610
Union of India and Others vs. Subedar Devassy PV (2006) 1 SCC 613
Termination of service – Retrenchment – Workman was proved to have worked continuously on daily wage basis for more than five years.
Statutory compliance under Sections 25(F) and 25(G) of the Industrial Disputes Act is crucial in retrenchment cases for legality, with repercussions for failure to adhere to these provisions.
The court established that delays in raising industrial disputes do not negate the existence of the dispute, and the expansive definition of retrenchment under the Industrial Disputes Act protects ev....
Non-renewal of contract does not amount to retrenchment under Section 2(oo)(bb) of the I.D. Act.
In cases of wrongful termination, reinstatement with continuity of service and backwages is the normal rule, and the employer should not be relieved of the burden to pay the employee's dues.
The finding of compliance with Section 25F of the Industrial Disputes Act, 1947, in a previous judgment can be considered final and can bar subsequent claims based on res-judicata.
The central legal point established in the judgment is the interpretation and application of the definition of 'retrenchment' under Section 2(oo)(bb) of the Industrial Disputes Act in determining the....
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