Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Payment of back wages Determining factors Industrial Disputes Act 1947 Section 25F Termination |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Industrial Disputes Act, 1947: Section 25F-Termination of service in violation of S. 25-Payment of back wages-Determining factors-Held: No rule that entire back wages should be awarded-Factors such as length of service and nature of employment to be considered Section 25F-Reinstatement of Respondent, a Class IV workman, by Labour Court with continuity of service and 50% back wages-Validity of-Held: Respondent had worked for 264 days in one calendar year, hence, S. 25F was applicable-Since neither any notice was given nor wages in lieu of the period of notice nor any retrenchment compensation was paid, termination of respondent was invalid-Hence, reinstatement with continuity of service upheld-But Respondent not entitled to 50% back wages since he had only worked on daily wage basis and that too for a very short period of less than a year which was not even continuous-Also since he is technically not trained and the type of work he was doing was easily available while he was under termination. Section 10(1)(c)-Reference before Labour Court-Held: Not to be made after lapse of long period as it causes prejudice both to the workman and the employer. Constitution of India, 1950-Article 136-New plea-Plea not raised before lower Courts cannot be allowed to be raised for the first time in appeal before Supreme Court. Respondent worked on a class IV post with the appellant for a short period of less than one year, with some breaks. Thereafter he was not given any appointment. He raised demand for being reinstated before the Conciliation Officer, but the conciliation efforts failed. Consequently, the State Government made reference under Section 10(1)(c) of the Industrial Disputes Act, 1947 to the Industrial Tribunal-cum-Labour Court, which held that the respondent had worked for 264 days in one calendar year and, therefore, the termination of his service without complying with the requirements of Section 25-F of the Act was illegal as neither any notice nor salary in lieu thereof nor any retrenchment compensation was paid to him. Regarding back wages it was held that since the respondent was working on a class IV post and the said type of work was easily available in the State, it cannot be held that the respondent did not earn any amount during the period he was out of employment Accordingly an award was passed directing reinstatement of the respondent on his previous post with continuity of service and 50% back wages. Writ petition challenging the award was dismissed by High Court. Hence the present appeal. |
Judge | Hon'ble Mr. Justice G.P. Mathur |
Neutral Citation | 2005 INSC 292 |
Petitioner | General Manager, Haryana Roadways |
Respondent | Rudhan Singh |
SCR | [2005] Supp. (1) S.C.R. 569 |
Judgement Date | 2005-07-14 |
Case Number | 7501 |
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