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. JO-Re-instatement with back wages- |
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-s. 10 - Re-instatement with back wages - Claim of - Daily wager leaving employment of establishment for joining another Department and thereafter terminated from the Department - Claim for continuity of service with the first establishment - Held: There was sufficient material and evidence that claimant not in employment of first establishment and had voluntarily left to join another Department - Thus, courts below not justified in granting the claim and erred in holding that burden to prove that claimant worked for more than 240 days was on employer - Also, the claim raised was stale - Hence, order of courts below set aside.Respondent was working as daily wager in Public Works Division-appellant's establishment since 1984. On 10.3.1986, 52 posts of Surveyor on contract employment were created in Soil Conservation Department. By order dated 18.3.1986 respondent was appointed as Surveyor in the Soil Conservation Department and was to join from 3.4.1986. Thereafter, he was transferred to other place. Subsequently, 52 posts of Surveyor on temporary establishment were abolished and respondent was terminated from the Department. Respondent filed application under section 10 of the Industrial Disputes Act, 1947 seeking continuity of service with back wages with PWD. It was submitted that he was working in PWD till 30.4.1986 when he was orally terminated. Labour Court passed an award holding that the termination of respondent with effect from 30.4.1986 was illegal and he was to be reinstated with 25% back wages. High Court upheld the order. Hence the present appeal. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 873 |
Petitioner | State Of Maharashtra |
Respondent | Datiatraya Digamber Birajdar |
SCR | [2007] 9 S.C.R. 504 |
Judgement Date | 2007-08-27 |
Case Number | 1000 |
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