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IN THE HIGH COURT OF JHARKHAND AT RANCHI
MRS. JUSTICE ANUBHA RAWAT CHOUDHARY, J
Chief Engineer, Water Resources Department, Government Of Jharkhand, Sikatiya – Appellant
Versus
Their Workmen Of The Chief Engineer, Water Resources Department – Respondent
JUDGMENT:
ANUBHA RAWAT CHOUDHARY, J.
1. This writ petition has been filed challenging the award dated 05.11.2022 passed by the learned Presiding Officer, Labour Court, Deoghar in Reference Case No. 2 of 2013 wherein the learned labour court while answering the reference has held that the workmen are not entitled to due wages after 31.03.2009 but they are entitled for wages at the minimum of the pay scale extended to regular employees holding the same post. The learned labour court also held that the workmen are also entitled for compensation to the tune of Rs. 1,00,000/- per head for removing them without notice and without following the procedure under Section 25(F) of the Industrial Disputes Act, 1947 .
Arguments of the Petitioner
2. The learned counsel appearing on behalf of the petitioner while assailing the impugned award has submitted that the learned labour court had no jurisdiction to decide the case in view of the fact the petitioner, who is Water Resources Department, Government of Jharkhand, Sikatiya, Deoghar, is ‘State’ and was discharging sovereign functions. Accordingly, the petitioner is not an ‘industry’ within the meaning of Industrial Disputes Act, 1947 . The learned
The court ruled that the petitioner did not raise jurisdictional issues regarding its status as an industry, thus the Labour Court's award stands, except for the direction on regularization.
The court upheld the Labour Court's award of minimum wages and compensation for wrongful termination, asserting the need for procedural adherence under the Industrial Disputes Act.
The court reaffirmed that failure to follow termination procedures under Section 25(F) of the Industrial Disputes Act warrants compensation, but does not guarantee regularization of services.
The Irrigation Department is classified as an 'Industry' under the U.P. Industrial Disputes Act, 1947, and retrenchment without notice or compensation violates Section 6(N).
The Irrigation Department is classified as an industry under the Uttar Pradesh Industrial Disputes Act, 1947, and termination without compliance with statutory provisions is unlawful.
Section 25-F of the Industrial Disputes Act, 1947 requires the employer to follow the procedure thereunder when a workman is employed in an industry and who has been in continuous service for not les....
The court affirmed that continuous employment since 1995 entitled casual workers to regularization as employees under the Industrial Disputes Act, despite management's claims to the contrary.
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