Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Ticca Mazdoors Reinstatement |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Labour Laws : Industrial Disputes Act, 1947 Sections 25F and 25B-Reinstatement-Respondent-workmen appointed as "Ticca Mazdoors" (non-regular Mazdoors) in Reserve Bank of India(RBI) not absorbed in regular service for alleged misconduct-Request for reemployment not granted-Industrial dispute-Tribunal directed re-instatement with full back wages on grounds that they had completed 240 days of service and their terminations were brought about without compliance of S. 25F-On facts, held : The findings of Tribunal are wholly perverse-It wrongly placed the burden of proof on Appellant-employer for considering if Respondents completed 240 days of service or not-It also erred in drawing adverse inference against the Appellant for non-production of attendance registers alone though sufficient explanation therefor was given-Hence, case for judicial review made out-Direction for re-instatement for non-compliance with S. 25F would only restore to the workmen the same status as before termination-Respondents would continue to be "Ticca Mazdoors" and cannot have any right to get work-Moreover, direction of continuity of services per se would not bring them within purview of the settlement arrived at between RBI and the workers federation for absorption of "Ticca Mazdoors "-Constitution of India, 1950- Article 136. Section 25B-Continuous service of 240 days during period of 12 months preceding the order of termination-Burden of proof-Held: Initial burden is on the workmen--Tribunal wrongly placed the burden of proof on the employer on the premise that it failed to prove its plea of abandonment of service by the workmen. Misconduct-Effect of judgement of acquittal of accused-workmen in criminal proceedings vis-a-vis the alleged misconduct-Held : The acquittal passed in favour of the workman by giving benefit of doubt per se would not be binding upon the employer. Respondents, appointed as Ticca Mazdoors in Appellant-bank between March, 1980 and August, 1982, were not regularized in service as regular Mazdoors for the alleged misconduct of producing forged and fabricated certificates at the time of interview. Criminal prosecutions were launched against them for furnishing false certificates but they stood acquitted. Subsequently, between 1987 and 1988, the Respondents submitted fresh certificates and requested Appellant to re-employ them. As the request was not accepted, an industrial dispute was raised. The Industrial Tribunal held that Respondents having completed 240 days of service, and their terminations having been brought about without complying with the provisions of Section 25F of the Industrial Disputes Act, 1947, they were entitled to be reinstated with full back wages. Writ petitions against the order were dismissed by Single Judge of High Court. Division Bench of the High Court modified the award of the Tribunal as also the Single Judge holding that the back wages be paid only from 23- 7-1993 and not from the date of retrenchment, but gave liberty to Appellant to hold domestic enquiry against Respondents for the alleged misconduct. In appeal to this Court the Appellants contended that as the Respondents did not report for duty between December, 1982 and March, 1987, they must be held to have abandoned their services; that the Tribunal erred in failing to consider the fact that the Respondents failed to prove that they had completed 240 days of service during a period of 12 months preceding the order of termination, hence, the question of compliance of Section 25F of the Act did not arise at all and that in any event, only because the Respondents allegedly completed 240 days of work, the same by itself would not confer any right on them to be regularized in service; that no adverse inference could have been drawn against the Appellant for non-production of attendance register as sufficient explanation therefor had been furnished; that the burden of proof in that behalf lay upon the Respondents and that the action taken by the Appellant was not wholly arbitrary so as to justify a direction for reinstatement of the Respondents in service only on the ground that they stood acquitted in the criminal cases. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2005 INSC 138 |
Petitioner | Manager, R.b.i., Bangalore |
Respondent | S. Mani And Ors. |
SCR | [2005] 2 S.C.R. 797 |
Judgement Date | 2005-03-14 |
Case Number | 6306-6316 |
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