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VIVEK AGARWAL
Chief General Manager Depatt. of Telecommunication Hoshangabad – Appellant
Versus
Jai Prakash Bharti – Respondent
ORDER
1. This writ petition under Article 227 of the Constitution of India is filed by the Employer being aggrieved of award dated 26.6.2013 passed by the Presiding Officer of Central Government Industrial Tribunal-cumLabour Court, Jabalpur in CGIT/LC/R/88/2001.
2. Shri Amit Mishra, learned counsel for the petitioners submits that the impugned award is arbitrary & illegal. The claim could not have been adjudicated by the Central Government Industrial Tribunal, Jabalpur inasmuch as the claim was filed after more than eight years of alleged action of the employer in dispensing with services of the claimant. As per the provisions contained in Section 2A of the Industrial Disputes Act, 1947, the limitation for filing a case is three years and when the case was filed after more than eight years, that should not have been entertained by the Central Government Industrial Tribunal, Jabalpur. Vide order Annexure P/3, the claimant was informed that his services could not be extended as he was given the work in the year 1986. Since the Project was closed, therefore, there was no work for the claimant and vide Annexure P/4, he dictated his terms & conditions of the employment to be posted in Dis
The workman has no right to claim back wages as of right only because the Court has set aside his dismissal order in his favor and directed his reinstatement in service.
The main legal point established in the judgment is the entitlement of an employee to claim wages for the period between dismissal and reinstatement, as per the provisions of the Industrial Disputes ....
Delay in raising an industrial dispute can bar the claim, and temporary employees have no right to regularization outside constitutional provisions.
The completion of 240 days of continuous service triggers the employer's obligation under Section 25(f) of the Industrial Disputes Act. The discretion to grant back wages lies with the Labour Court, ....
Desertion of Service – Wages – Entitlement of - respondent is entitled to the award from the date of Industrial Dispute, which was confirmed in the Writ Petition.
Termination of services without compliance with Section 25-G of the Industrial Disputes Act is illegal, especially when junior employees are retained.
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