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M. S. RAMACHANDRA RAO, SUKHVINDER KAUR
Panipat Co-operative Sugar Mills Ltd. – Appellant
Versus
Presiding Officer, Industrial Tribunal/Labour Court, Panipat – Respondent
JUDGMENT
Mr M.S. Ramachandra Rao, J.
This Letters Patent Appeal is filed challenging judgement dt.10.08.2022passed by the learned Single Judge of this Court in CWP- 831-1996.
2. The said Writ Petition had been filed by the appellant (herein) challenging Annexure P-7 Award passed by the Presiding Officer, Labour Court, Panipat on a reference made by the State of Haryana under section 10 of the Industrial Disputes Act, 1947.
3. In the said reference, the Labour Court had to determine whether the termination of services of respondent No.2 (herein) were justified and in accordance with law.
LPA-1055-2022 (O&M)
4. Respondent No.2 had been appointed as a Bottling Attendant in the Distillery Unit of the appellant in 1988, and he continued to work upto 13.01.1990, on which day, his services were terminated without assigning any reason.
5. Respondent No.2 contended that no notice was given to him; that no retrenchment compensation was paid to him as required under section 25-F of the Industrial Disputes Act, 1947; and there was no charge-sheet or any domestic enquiry held against him; and so, the termination of his services was illegal, unjust and he was entitled to reinstatement with back wag
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....
Termination based on a preliminary inquiry without a formal inquiry is punitive and invalid under the Industrial Disputes Act.
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 daily wage workers under Section 25-F of the Industrial Disputes Act does not automatically entitle them to reinstatement; monetary compensation may be awarded instead.
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