Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Labour Laws Termination |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Labour Laws - Termination - Of temporary daily wagers - Delay of 8-10 years on part of four workmen and delay of 2-3 years on the part of one workman in approaching the Labour Commissioner for conciliation - On failure of conciliation, disputes referred to Labour Court - Award by Labour Court holding that termination was illegal and reinstatement directed - Writ Petition - Single Judge holding that dispute could not have been referred to Labour Court due to inordinate delay in approaching the Labour Commissioner - However, direction to Management to pay Rs. 10,000/- each to the workmen - Order upheld by Division Bench of High Court- On appeal, held: Orders passed by Single Judge as well as Division Bench of High Court was correct - However, Rs. 10,000/- not sufficient to compensate the workmen - The workmen who approached the Commissioner after 8-10 years entitled to Rs. 50, 000/- each and who approached after 2-3 years entitled to Rs. 1,00,000/-.The five appellants were temporarily employed with the respondent-Corporation on different dates on daily wages as and when work was available. They were terminated from their services on different dates. Appellant Nos. 1 to 4 approached the Labour Commissioner for conciliation after 8 to 10 years from the date of their termination. Appellant No. 5 approached the ยท Labour Commissioner for conciliation after 2 to 3 years from the date of his termination. When the conciliation failed, the disputes were referred to Labour Court. Labour Court passed the award holding that the termination was illegal and directed reinstatement of the appellants. Respondent-Corporation filed Writ Petition against the order of Labour Court. Single Judge of High Court allowed the petition and quashed the award holding that the dispute could not have been referred to the Labour Court for adjudication as there was inordinate delay in approaching the Labour Commissioner. However, the Court directed the respondent-Corporation to pay Rs. 10,000/- each to the appellants by way of compensation. In writ appeals, Division Bench of High Court upheld the order of Single Judge. Hence the present appeals. |
Judge | Hon'ble Mr. Justice M.Y. Eqbal |
Neutral Citation | 2013 INSC 71 |
Petitioner | Rajkumar S/o Rohitlal Mishra |
Respondent | Jalagaon Municipal Corporation |
SCR | [2013] 1 S.C.R. 705 |
Judgement Date | 2013-02-01 |
Case Number | 855 |
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