Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Industrial Disputes Act 1947 – s. 25F |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Industrial Disputes Act, 1947 (14 of 1947) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Industrial Disputes Act, 1947 – s. 25F – Condition precedentto retrenchment – Appellant was engaged as casual labour in theagriculture farm on muster roll basis – He worked there from 1980to 1991 and completed 240 days in a calendar year, during theyears 1980, 1981, 1982 and 1986 to 1989 – Respondent-State casewas that thereafter in 1991 he abandoned the work withoutinforming and never returned to work – In 2005, appellant maderepresentation before the State u/s. 10 – Pursuant thereto, the Statemade reference to the Industrial Tribunal-cum-Labour Court, whichgave the award and directed the respondent-State to reinstate theappellant in service with seniority and continuity while denying backwages – Writ petition filed by the respondent-State – Award set asideby the High Court – Held: It is an admitted position that though theappellant worked from 1980 to 1991 and completed 240 days in acalendar year, during the years 1980, 1981, 1982 and 1986 to1989 but he worked only for 195 days in the year 1990 and 19.5days in the immediate preceding year of his dismissal which is belowthe required 240 days of working in the period of 12 calendarmonths preceding the date of dismissal, therefore, he is not entitledto take the benefits of the provisions of s.25F of the Act – HighCourt was right in setting aside the award passed by Tribunal. |
Judge | Hon'ble Mr. Justice R.K. Agrawal |
Neutral Citation | 2018 INSC 346 |
Petitioner | Mohd. Ali |
Respondent | State Of H.p. And Others |
SCR | [2018] 6 S.C.R. 727 |
Judgement Date | 2018-04-16 |
Case Number | 3803 |
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