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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NAMAVARAPU RAJESHWAR RAO
Nalla Ravinder – Appellant
Versus
Industrial Tribunalcumlabour Court – Respondent
ORDER :
1. This writ petition is filed seeking the following relief:-
“….to call for the records from the 1st respondent in I.D.No.126 of 2003, and issue an appropriate Writ, Order or Direction, particularly one in the nature of Writ of Certiorari and quash the Award passed by the 1st respondent in I.D.No.126 of 2003, dated 20.02.2006, published on 18.04.2006, dismissing the claim made by the petitioner as illegal, unjust, contrary to law and perverse, and grant the relief of reinstatement into service with wages and all other consequential benefits and pass…”
2. Heard Sri A.K. Jaya Prakash Rao, learned counsel for the petitioner and Learned Government Pleader for Panchayat Raj, appearing for respondents.
3. Learned counsel for the petitioner submits as follows:
Petitioner was engaged as a Pump Mechanic under the control of the 2nd respondent in the year 1992. Ever since the date of his engagement in the year 1992, the petitioner was discharging his duties with utmost satisfaction and continuously worked without any interruption. Yet, his services were illegally and orally terminated on 28.02.2002.
4. The petitioner along with another similarly placed worker, namely Srinivas, approached
Engagement of workers contrary to government rules results in void appointments; persons not legally appointed cannot claim protections or rights under the Industrial Disputes Act.
In illegal termination cases involving daily-wage workers, reinstatement is not automatic; compensation and circumstances of employment should be evaluated.
Termination without proper compliance with statutory requirements leads to reinstatement and back wages for unjustly terminated workers.
The court upheld that an employee's continuous service of over 240 days entitles him to protections under the Industrial Disputes Act, and any termination without adherence to statutory requirements ....
The main legal point established in the judgment is that the termination of an employee's services must comply with the provisions of the Industrial Disputes Act, including notice and compensation re....
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.
Point of law :Labour Law - There is no proof that the workman has worked for 240 days and, therefore, it was held by the Labour Court that there is no proof that the workman was working continuously ....
The main legal point established is that even temporary employees can be considered 'workmen' under the Industrial Disputes Act, and termination without complying with Section 25(F) may entitle the e....
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