Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Labour Court Belated claim of workman |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Labour Laws : Belated claim of workman-Discretionary jurisdiction of Labour Court to grant relief-Workman on ad-hoc service terminated-,-Labour Court declined to grant any relief to the workman as she approached it after more than seven years-High Court however allowed writ petition filed by workman and directed re-instatement-Held: High Court erred in interfering with the discretionary jurisdiction exercised by Labour Court since it was not shown to be injudicious, arbitrary or capricious-Constitution of India, 1950-Article 226. Terminated workman withdrew her writ petition before High Court without seeking leave to take recourse to alternative remedy-Subsequent reference before Labour Court-Maintainability of-Held, maintainable, being not barred by principles of res judicata-Labour Laws-Reference. Respondent was appointed as a Typist in Appellant-Bank on an ad hoc basis from 6-1-1985. She was given extensions from time to time, which eventually came to an end on 30-5-1986 and her services were not continued thereafter. Later, the respondent joined the services of Haryana Urban Development Authority (HUDA) on or about 10-8-1988. Consequent to some similarly situated employees raising an industrial dispute and getting relief of reinstatement in industrial adjudication, Respondent filed writ petition before High Court in 1989 but withdrew the same in 1993. Subsequently, Respondent prayed for reference of the industrial dispute by the State. Labour Court answered the reference against the Respondent on the premise that (i) her claim was belated; and (ii) she having withdrawn her writ petition without obtaining any leave from the High Court, the reference was barred by res judicata. Writ petition before High Court was allowed and Respondent was directed to be reinstated with continuity of service. However, she was held not entitled to any back wages. The High Court further held that the industrial dispute raised by the Respondent was not barred by res judicata. Hence the present appeal. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2005 INSC 109 |
Petitioner | Haryana State Coop. Land Development Bank |
Respondent | Neelam |
SCR | [2005] 2 S.C.R. 424 |
Judgement Date | 2005-02-28 |
Case Number | 1672 |
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