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G. S. SANDHAWALIA, HARPREET KAUR JEEWAN
Chief Medical Officer (Civil Surgeon) – Appellant
Versus
Naresh Kumar – Respondent
JUDGMENT
G.S. Sandhawalia, J. - The State is in appeal against the order passed by the learned Single Judge in CWP No.5439 of 2019 wherein its writ petition against the Award dated 01.06.2018 (Annexure P-5) was dismissed on 28.02.2019. Challenge has also been made to the order dated 02.09.2019, whereby the review application alongwith application for condonation of delay of 63 days was dismissed.
2. The Labour Court had found that the workman had worked from the year 2012 to 2015 when he was asked to leave the job and, therefore, the fact that for 240 days service was there, if calculated backward from the year 2015 when cause of action arose. Resultantly, the Tribunal had found that there was violation of Section 25 -F of the Industrial Disputes Act, 1947 (for short 1947 Act') as the procedural requirements were not satisfied at the time of termination. Secondly, person junior to the workman had been retained and, therefore, provisions of Section 25 -G of the 1947 Act had been violated and the principle of 'last come first go' had not been adhered to. The argument that the engagement was through outsourcing policy through a labour contractor was rejected on the ground that the se
Termination of service without notice or compensation violates the Industrial Disputes Act, establishing the workman's right to reinstatement and compensation.
The court ruled that an ad-hoc employee's termination does not require compliance with retrenchment provisions, and raising an industrial dispute after 16 years is impermissible due to res judicata.
Termination of a workman without following mandatory provisions of the Industrial Disputes Act, 1947 is invalid, necessitating reinstatement.
It is settled law that for attracting applicability of Section 25-G of Act, workman is not required to prove that he had worked for a period of 240 days during 12 calendar months preceding terminatio....
The court affirmed that compliance with the Industrial Disputes Act's procedural requirements is essential for lawful termination of employment.
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