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SANJAY VASHISTH
Uttar Haryana Bijli Vitran Nigam Ltd. – Appellant
Versus
Faquir Chand – Respondent
JUDGMENT
Mr. Sanjay Vashisth, J. (Oral)
Petitioners (being Management) has filed the instant writ petition, challenging the award dated 25.01.2017(Annexure P-2), passed by learned Industrial Tribunal-cum-Labour Court, Ambala, whereby reference No.R/45/2016, under Section 10 (1) (c) of the Industrial Disputes Act, 1947 (for short, 'the Act of 1947'), has been answered in favour of the workman.
While holding that the termination of the workman is in violation of Section 25-G, 25-H of the Act of 1947, learned Labour Court set aside the termination and held the workman entitled for reinstatement in service with its continuity along with 50% back wages.
2. Pleaded case of the Workman-Faquir Chand was that he joined services as Daily Wage Worker on 12.05.1980 under the administrative control of the petitioners (Management) and continuously worked till 24.05.1984. Due to the shortage of material and paucity of work, his services were retrenched illegally and in gross violation of the mandatory provisions of Section 25-F, 25-G and 25-H of the Act of 1947. Even the employees junior to the workman, were retained in service, who have now been regularized.
3. On the other hand, the petitioners(M
The court upheld the Labour Court's decision to reinstate the workman, emphasizing the violation of statutory provisions and the need for social justice in labor relations.
Termination of employment without notice violates Sections 25-G and 25-H of the Industrial Disputes Act, 1947.
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.
Termination of service without notice or compensation violates the Industrial Disputes Act, establishing the workman's right to reinstatement and compensation.
Violation of provisions under Sections 25F and 25H of the ID Act led to the direction for reinstatement without backwages.
The court established that non-compliance with statutory provisions regarding termination under the Industrial Disputes Act leads to invalid termination and entitlement to compensation.
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....
In illegal termination cases involving daily-wage workers, reinstatement is not automatic; compensation and circumstances of employment should be evaluated.
The main legal point established in the judgment is that in cases of illegal termination, reinstatement with backwages is the appropriate relief, considering the sustained unemployment of the employe....
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