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RAJBIR SEHRAWAT
Shahi Exports Private Limited – Appellant
Versus
Presiding Officer, Labour Court-1, Faridabad – Respondent
JUDGMENT
Rajbir Sehrawat, J. (Oral) - This is a petition filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of Certiorari for quashing the award dated 28.10.2014 (Annexure P-3), passed by respondent No.1.
2. The facts in brief, as pleaded in the present petition and as submitted by the counsel for the petitioner, are that the respondent No.2-workman had asserted that he had worked with the petitioner-employer from March, 2000 till March, 2005. However, on 14.03.2005 the service of the petitioner was terminated. The respondent-workman was aggrieved against the termination of his service. He raised the industrial dispute.
3. The conciliation having failed, the appropriate government had referred the dispute to the Labour Court. That reference has been answered against the petitioner-employer and in favour of the respondentworkman. It is against that award, the present petition has been filed by the petitioner-employer.
4. Carrying forward the arguments, the counsel for the petitioner-employer has submitted that, in fact, the respondent-workman had joined the service with the petitioner-employer on 18.09.2000. The respondent-workman had voluntar
The completion of 240 days of continuous service triggers the employer's obligation under Section 25(f) of the Industrial Disputes Act. The discretion to grant back wages lies with the Labour Court, ....
The judgment emphasizes the importance of compliance with the Industrial Disputes Act in cases of termination, highlighting the distinction between different types of appointments and the need for ev....
The central legal point established in the judgment is that the termination of services did not fall under the definition of 'retrenchment' as per the provisions of the Industrial Disputes Act, and t....
In cases of wrongful termination of service, reinstatement with continuity of service and back wages is the normal rule, subject to considerations such as length of service, nature of misconduct, and....
The court held that the termination of the workman was illegal as it violated mandatory retrenchment procedures, entitling him to reinstatement with full back wages.
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