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SANJAY VASHISTH
Director, Central Scientific Instruments Organization – Appellant
Versus
Presiding Officer, Central Government – Respondent
JUDGMENT
Mr. Sanjay Vashisth, J. ( Oral)
Petitioner - Director, Central Scientific Instruments Organization, Chandigarh (being Management), has filed the present writ petition for quashing the notification dated 28.02.2014, vide which, the award dated 03.02.2014 (Annexure P-9) in I.D. No.624/2KS (Annexure P-9), has been published by the Central Government and received by the petitioner, vide communication No.CGIT/2014-15/51, dated 25.04.2014.
As per the award impugned herein, Ref. No.- L42012/208/2002/IR(CM-II), dated 05.03.2003, under Section 10(1)(d) and (2-A), of the Industrial Disputes Act, 1947 (for brevity, 'ID Act'), has been answered in favour of respondent No.2 - Kushaldeep Singh (workman). Learned Industrial Tribunal-cum-Labour Court-II, Chandigarh (in short, 'learned Tribunal') has observed that the services of the workman have been terminated in violation of the principle of law i.e. Section 25-F of the ID Act. Therefore, the workman was held to be entitled for reinstatement in service with 50% back-wages.
2. Pleaded case of the workman before the learned Tribunal is that he was an Ex-Serviceman, and was appointed a Security Guard at the Management's campus, vide appointm
The court held that the termination of the workman violated Section 25-F of the Industrial Disputes Act, 1947, and awarded a lump-sum compensation of Rs. 2.00 lakhs instead of reinstatement due to th....
The main legal point established in the judgment is that the management's activities met the criteria of an 'industry' under the I.D. Act, and the workman's termination was held to be illegal under S....
An employer performing non-sovereign functions must comply with the Industrial Disputes Act, including provisions for retrenchment, regardless of the employment's casual nature.
Violation of provisions under Sections 25F and 25H of the ID Act led to the direction for reinstatement without backwages.
Termination of employment without following statutory provisions under the Industrial Disputes Act is illegal, warranting compensation rather than reinstatement, especially when the employee has reac....
Termination without notice or compensation violates the Industrial Disputes Act; recognition of continuous service applies despite temporary engagement gaps.
The definition of 'industry' under Section 2(j) of the Industrial Disputes Act, 1947 excludes organizations engaged in sovereign functions or those not producing goods or services for market consumpt....
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