NDLI: K.v. Anil Mithra & Anr. Vs. Sree Sankaracharya University of Sanskrit & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	25B Industrial Disputes Act 1947 – ss.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 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Industrial Disputes Act, 1947 – ss.25F, 25B – Termination – Retrenchment– Violation of s.25F–Respondent-University regularized appellants-workmen serving on daily wage basis in non- teaching staff category – Objections raised w.r.t the manner of regularization– De-regularised and terminated – Order of de-regularisation upheld by Division Bench of High Court, question of non-observance of the provisions of 1947 Act left open – Dispute raised by appellants – Industrial Tribunal held termination to be in violation of s.25F, award passed– Set aside by Single Judge – Order confirmed by Division Bench – On appeal, held: Nature of employment and the manner in which the workman has been employed is not significant while invoking the mandatory compliance of s.25F – In a case where the workman has been in continuous service for more than 240 days in the preceding 12 months before the alleged date of termination as contemplated u/s.25B, the employer is under an obligation to comply with the twin conditions u/Clauses (a) and (b) of s.25F– In the present case, the appellants served from the year 1993-1997, their services were terminated in sequel to order dtd.24.03.97– Appointments were made on daily wage basis under the orders of the Vice Chancellor, the competent/appointing authority– Merely because the appointments were not in accordance with the procedure prescribed under the Ordinance would not disentitle the appellants from claiming protection under provisions of the 1947 Act– Termination of the appellants was in violation of s.25F – Impugned judgment set aside– Award modified– Sree Sankaracharya University of Sanskrit Ordinance, 1993. Industrial Disputes Act, 1947 – Scheme of the Act – Discussed. Industrial Disputes Act, 1947– s.25F – Non-observance of mandatory requirement of – Appropriate relief workman is entitled for – Discussed.Industrial Disputes Act, 1947 –ss.2(g), (j), (k), (s), (oo) – Held: Every termination for any reason whatsoever provided it does not fall in any of the exception clause of s.2(oo), is a retrenchment.
Judge	Hon'ble Mr. Justice Ajay Rastogi
Neutral Citation	2021 INSC 679
Petitioner	K.v. Anil Mithra & Anr.
Respondent	Sree Sankaracharya University Of Sanskrit & Anr.
SCR	[2021] 11 S.C.R. 297
Judgement Date	2021-11-27
Case Number	9067

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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