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SANJAY VASHISTH
Budh Singh – Appellant
Versus
Presiding Officer, Industrial Tribunal-cum-Labour Court-I – Respondent
JUDGMENT
Mr. Sanjay Vashisth, J. ( Oral)
Petitioner - Budh Singh, has filed the present writ petition, assailing the award dated 16.10.1996 (Annexure P-7), passed by the Industrial Tribunal-cum-Labour Court-I, Faridabad (in short, 'learned Tribunal'), vide which, Reference No.543 of 1987, under Section 10(1)(C) of the Industrial Disputes Act, 1947 (for brevity, 'ID Act'), has been answered against him.
2. Pleaded case of the workman is that he was employed with respondent No.2 i.e. M/s Micro Grain Steel, Plot No.97, Sector 24, Faridabad, on 01.08.1986, as a skilled workman with a salary of Rs. 800 p.m. His services were terminated on 15.09.1987, and immediately thereafter, on 17.09.1987, workman got served the demand notice upon the respondent - Management, asking therein for reinstatement in service along with back-wages. Thus, the workman claimed that his termination from service is in violation of the ID Act.
3. In the written statement filed by respondent No.2 - Management, employment of the workman had been admitted by stating that actually, he joined service on 29.04.1987 and not on 01.08.1986 and workman never came back on duty after 30.08.1987. Further pleaded that an amount
The court upheld the Tribunal's finding that the workman abandoned his employment rather than being wrongfully terminated, due to insufficient evidence supporting his claims.
Termination of employment without notice violates Sections 25-G and 25-H of the Industrial Disputes Act, 1947.
Termination of service without notice or compensation violates the Industrial Disputes Act, establishing the workman's right to reinstatement and compensation.
Termination of services without notice or compensation is illegal under Section 25F of the Industrial Disputes Act, and reinstatement must be granted from the same date as similarly situated employee....
Termination of employment without departmental proceedings or opportunity to be heard is illegal under the Industrial Disputes Act, 1947.
The court upheld that the burden of proving continuous service and employee-employer relationship lies with the workman, which was not met, leading to dismissal of the claim based on delay and lack o....
The unlawful termination of service without complying with statutory procedures mandates reinstatement and full back wages for the workman under the Industrial Disputes Act.
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 central legal point established is that termination of services must comply with Section 25-F of the ID Act, and reinstatement may not automatically follow a finding of illegality.
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