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IN THE HIGH COURT OF ORISSA AT CUTTACK
K.R.MOHAPATRA, SANJAY KUMAR MISHRA
State Of Orissa – Appellant
Versus
Rajkishore Sethi – Respondent
| Table of Content |
|---|
| 1. allegations of wrongful termination (Para 2 , 4 , 5 , 6 , 7) |
| 2. arguments regarding legal standing and jurisdiction (Para 8 , 9 , 11 , 12) |
| 3. management's failure to present essential arguments (Para 10 , 13 , 24) |
| 4. criteria for 'continuous service' (Para 21 , 22) |
| 5. final verdict upholding the labour court's order (Para 27 , 28) |
JUDGMENT :
By the Bench:
1. This matter is taken up through hybrid mode.
2. Award dated 20th July, 2009 (Annexure-1) passed by the learned Presiding Officer, Labour Court, Bhubaneswar (for brevity „Labour Court‟) in Industrial Dispute Case No.50 of 2004 is under challenge in this writ petition, whereby the Opposite Party No.1- Workman has been directed to be reinstated in service with a lump sum amount of Rs.20,000/- towards back wages.
3. Parties are described as per their respective status before learned Labour Court for the sake of convenience in discussion. None appears for the Opposite Party No.1-Workman on call.
4. The admitted facts on record, which led to filing of the writ petition, are that, the Workman was appointed by the Management as Cook, vide order dated 10.12.1998 on a consolidated salary of Rs.2800/- per month in Kuntala Kumari
Termination without notice or compensation violates the Industrial Disputes Act; recognition of continuous service applies despite temporary engagement gaps.
there is a breach of Section 25-F of the I.D. Act and as there is a delay of 11 years in preferring the reference, instead of granting reinstatement a lump sum amount as full and final settlement wil....
Point of law :Labour Law - There is no proof that the workman has worked for 240 days and, therefore, it was held by the Labour Court that there is no proof that the workman was working continuously ....
The court determined that the tribunal misapplied the law regarding employment and erred in concluding the existence of an employer-employee relationship, necessitating the annulment of the reinstate....
In illegal termination cases involving daily-wage workers, reinstatement is not automatic; compensation and circumstances of employment should be evaluated.
The main legal point established in the judgment is that the employer must follow the relevant provisions of the I.D. Act before terminating the service of an employee, and failure to do so may entit....
The main legal point established in the judgment is the requirement for compliance with the provisions of the Industrial Disputes Act, 1947, particularly in cases of termination and retrenchment, and....
The court upheld the illegal termination of the respondents/workmen and their entitlement to reinstatement with full back wages and other consequential benefits under the Industrial Disputes Act, 194....
Labour law – Reinstatement - Granting of relief of reinstatement after such a long gap will not serve any purpose and, therefore, this Court is of the view that if the order to grant compensation
To employ workmen as “badlis”, casuals or temporaries and to continue them as such for years, with the object of depriving them of the status and privileges of permanent workmen.”
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