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HARSH BUNGER
Rahis Ahemad Khan – Appellant
Versus
Machino Plastic Limited – Respondent
JUDGMENT
Harsh Bunger, J.
Petitioner (Rahis Ahemad Khan) has filed the instant writ petition under Articles 226/227 of the Constitution of India, seeking issuance of a writ in the nature of certiorari for quashing the Award dated 29.10.2009 (Annexure P-10) passed by the Industrial Tribunal-cum-Labour Court-1, Gurgaon (here-in-after referred to as 'the Tribunal'); whereby, the reference of industrial dispute regarding termination of services of the petitioner was answered against him.
2. Briefly, the petitioner-workman, who is stated to be 10+2 pass and possess ITI Diploma in Fitter, joined respondent No.1 (M/s Machino Plastic Limited) as a Machine Operator on 05.10.1987. It is the case of the petitioner that while working on a machine in the factory premises, he met with a serious accident on 28.04.1993; whereupon, he was admitted to the hospital and since the injuries were serious, accordingly, it took long time for its treatment and ultimately, he was issued a fitness certificate on 04.04.1997. However, when the petitioner went to the factory to join his duties on 05.04.1997, he was not allowed to join. Thereafter, the petitioner is stated to have approached the management on 10.0
Termination of services due to continued ill-health under Section 2(oo)(c) of the Industrial Disputes Act is valid, but equitable considerations necessitate compensation for workmen suffering job-rel....
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 unlawful termination of service without complying with statutory procedures mandates reinstatement and full back wages for the workman under the Industrial Disputes Act.
Section 10 reads as reference of disputes to Boards, Courts or Tribunals.
The main legal point established is that even temporary employees can be considered 'workmen' under the Industrial Disputes Act, and termination without complying with Section 25(F) may entitle the e....
Section 47 of the Persons With Disabilities Act mandates accommodation for employees acquiring disabilities, preventing termination during service.
Termination of casual workers constituted illegal retrenchment under Section 25F due to failure to provide notice and compensation; reinstatement replaced with monetary compensation due to the delay ....
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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