Harjinder Singh vs Punjab State Warehousing Corporation

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2010 Supreme(SC) 4

ASOK KUMAR GANGULY, G.S.SINGHVI
Harjinder Singh – Appellant
Versus
Punjab State Warehousing Corporation – Respondent

Advocates appeared:
For the Appellant :Dhruv Mehta, T.S. Sbarish, Mohit Abraham (for M/s. K.L. Mehta & Co.), Advocates. For the Respondent:Vineet Dhanda, Sarad Kumar Singhania, Advocates.

Judgement Key Points

Question 1? How to determine whether a retrenchment complies with Sections 25F and 25G of the Industrial Disputes Act, 1947 in the context of last-come-first-go and equality? Question 2? What is the appropriate scope of High Court jurisdiction under Articles 226/227 to correct errors in Labour Court awards in industrial dispute matters? Question 3? What are the constitutional and social welfare considerations guiding the interpretation of industrial relations statutes in protecting workmen’s rights?

Key Points: - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!)

Question 1?

How to determine whether a retrenchment complies with Sections 25F and 25G of the Industrial Disputes Act, 1947 in the context of last-come-first-go and equality?

Question 2?

What is the appropriate scope of High Court jurisdiction under Articles 226/227 to correct errors in Labour Court awards in industrial dispute matters?

Question 3?

What are the constitutional and social welfare considerations guiding the interpretation of industrial relations statutes in protecting workmen’s rights?

Judgment :

Leave granted.

2. This appeal is directed against order dated 6.2.2009 passed by the learned Single Judge of the Punjab and Haryana High Court in Writ Petition No. 372 of 2001 whereby he modified the award passed by the Labour Court, Gurdaspur (for short, 'the Labour Court') in Reference No. 43 of 1996 and directed that in lieu of reinstatement with 50% back wages, the appellant herein shall be paid Rs. 87,582/- by way of compensation.

3. The appellant was employed in the services of the Punjab State Warehousing Corporation (hereinafter described as 'the corporation') as work charge Motor Mate with effect from 5.3.1986. After seven months, the Executive Engineer of the corporation issued order dated 3.10.1986 whereby he appointed the appellant as Work Munshi in the pay scale of Rs. 350-525 for a period of three months. The same officer issued another order dated 5.2.1987 and appointed the appellant as Work Munshi in the pay scale of Rs. 400-600 for a period of three months. Though, the tenure specified in the second order ended on 4.5.1987, the appellant was continued in service till 5.7.1988 i.e., the date on which the Managing Director of the corporation issued one mont

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