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IN THE HIGH COURT OF JHARKHAND AT RANCHI
DEEPAK ROSHAN
Food Corporation of India, through its General Manager (Region), Amit Bhushan son of Shri U.K. Asthana – Appellant
Versus
Mahesh Sharma, Son of Haridwar Sharma – Respondent
JUDGMENT :
DEEPAK ROSHAN, J.
1. Heard the learned counsel for the parties.
2. The Petitioner Food Corporation of India has filed this Writ Petition against the award/order dated 14.01.16 passed by the Learned Central Government Industrial Tribunal No.1, Dhanbad, in Complaint Case No. 06/2014 setting aside the decision dated 27.09.13 by which it was decided not to regularize the service of the Respondents/Workmen and also setting aside decision to terminate their service from Food Corporation of India.
3. The brief facts of the case are that the Food Corporation of India is a Government Corporation constituted under the Food Corporations Act, 1964 and is owned and controlled entirely by the Government of India. The Respondents/Workmen in this case were initially engaged as casual daily wage workers in Food Storage Depot, Koderma and were working since March 1984.
The Respondents were disengaged/retrenched without compliance with the requirement of payment of compensation provided under Section 25F of the Industrial Disputes Act, 1947. They raised an industrial dispute against the action of retrenchment which was referred to the Central Government Industrial Tribunal No. 2 at Dhanbad and
The Industrial Tribunal can regularize services of workmen if unfair labor practices are established, even in the absence of sanctioned posts.
Regularization of services – Having allowed workmen to put in regular service to its own benefit for over two decades, management can no longer claim an indefeasible right to continue with and canvas....
The main legal point established in the judgment is that the termination of an employee's services must comply with the provisions of the Industrial Disputes Act, including notice and compensation re....
Termination of employment deemed punitive requires prior permission under Section 33 of the Industrial Disputes Act, 1947, which was not obtained, rendering the termination illegal.
The main legal point established in the judgment is that the regularisation of service could only be from the date of the petitioners' appointment in regular service i.e., 03.10.2012, and not from th....
The Industrial Tribunal must respect procedural compliance and the distinction between discharge connected to ongoing disputes and removal for misconduct, as outlined in the Industrial Disputes Act.
Labour Law – Reinstate the workmen - If legal position had changed, CPWD, being a Government Agency, could not have acted in a manner which is contrary to said order - Correct way of proceeding for C....
Workers under no work no pay must be treated equally to regularized workers, ensuring consistent application of Tribunal awards.
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