Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY, J
Secretary, Water Resources Department, Government of Jharkhand – Appellant
Versus
Anil Singh, son of Late Surja Narayan Singh – Respondent
JUDGMENT :
ANUBHA RAWAT CHOUDHARY, J.
1. Learned counsel for the parties are present.
2. This writ petition has been filed for the following reliefs: -
“for issuance of an appropriate writ/order/direction from this Hon’ble High Court in the nature of certiorari for quashing the part of the award dated 17th June, 2023, passed by the learned Presiding Officer, Labour Court, Deoghar in I.D. Case No. 04 of 2018 whereby the learned labour court has held that the workmen are entitled for compensation to the tune of Rs.25,000/- (Rupees Twenty Five Thousand only) each for removing them without notice and following procedure u/s 25(F) of I.D. Act.”
Arguments of the Petitioners
3. The learned counsel for the petitioners has submitted that the Water Resources Department is not an industry and therefore the learned labour court did not have the required jurisdiction to entertain the case filed by the concerned workmen directly before the learned labour court under Section 2(a)(ii) of the Industrial Disputes Act.
4. The learned counsel has relied upon the judgment passed by this Court reported in 2006 (1) JLJR 382 (State of Jharkhand through Executive Engineer, Irrigation Division vs. Jwala Raut) and
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 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 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 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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
