NDLI: The Superintending Engineer Twad Board & Another Vs. M. Natesan Etc.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Industrial Disputes Act 1947 s.17-B reinstatement with back wages
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Industrial Disputes Act, 1947 (14 of 1947)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Industrial Disputes Act, 1947– s.17-B– Between 1986-89, the respondents-workmen were engaged temporarily as Store Watchman on daily wages in newly created Sectional stores in various Sub Divisions under the control of Rural Water Supply (RWS) Divisions, Nagercoil – Engagement Order mentioned that the services will be terminated when the requirement is over and that they cannot claim any further appointment in the appellant-Board – Sectional stores closed– Respondents terminated – Labour Court directed reinstatement of the respondents with back wages for the period of non-employment and with continuity of service – Single Judge affirmed the award to the extent of reinstatement of the workmen and held that since the matter was pending from 1991, the respondents were entitled to get 50% back wages only – Writ appeal – Dismissed – Held: For temporary workers like respondents, it is mandatory to show that they continuously worked for 240 days in a year – Initial burden is on them to adduce evidence – Only when the initial burden is discharged by the respondents, the burden can be shifted on the appellant – Single Judge and the Division Bench not right in placing the burden on the appellant to prove that the respondents had not worked continuously for 240 days in a year – However, in the peculiar facts and circumstances of the case, this question not gone into any further as most of the respondents have attained the age of superannuation therefore, there is no question of reinstatement – Amount already paid to each of the respondents (including Rs.2 lakhs ordered by the Supreme Court as condition for stay of the impugned judgment) shall be in full quit of all claims including 50% back wages and also the quantum of compensation in lieu of reinstatement – In appeal arising out of Writ Appeal No.1439 of 2016, Rs.2 lakhs be paid by the appellant to the legal representatives of the Respondent-since deceased – Amount lying in the deposit of Labour Court/High Court along with accrued interest be refunded to the appellant – Order passed in the peculiar facts and circumstances of the case, not a precedent.
Judge	Hon'ble Ms. Justice R. Banumathi
Neutral Citation	2019 INSC 672
Petitioner	The Superintending Engineer Twad Board & Another
Respondent	M. Natesan Etc.
SCR	[2019] 7 S.C.R. 862
Judgement Date	2019-05-10
Case Number	4875

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The Superintending Engineer Twad Board & Another Vs. M. Natesan Etc.

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The Superintending Engineer Twad Board & Another Vs. M. Natesan Etc.

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