NDLI: Management of The Barara Cooperative Marketing-cum-processing Society Ltd. Vs. Workman Pratap Singh

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Industrial Disputes Act 1947 s.25(H) Termination from service
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Industrial Disputes Act, 1947 (14 of 1947)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Industrial Disputes Act, 1947 – s.25(H) – Applicability of – Held: s.25(H) applies to the cases where employer has proposed to take into their employment any persons to fill up the vacancies – It is at that time, the employer is required to give an opportunity to the “retrenched workman” and offer him re-employment and if such retrenched workman offers himself for re-employment, he shall have preference over other persons, who have applied for employment against the vacancy advertised – Industrial Disputes (Central) Rules, 1957 – r.78. Industrial Disputes Act, 1947 – s.25(H) – Termination from service – Respondent working as peon in the appellant-society – Terminated from services in 1985 – Labour court held the termination as bad in law and awarded lump sum compensation of Rs.12500 to the respondent in lieu of reinstatement in service – Writ petitions by both the parties were dismissed by High Court – Thereafter, respondent accepted the compensation which was awarded by labour court – In 1993, respondent prayed for re- employment in the appellant’s services in terms of s.25(H) in view of regularization of services of two peons in that year – Entitlement of respondent to claim re-employment – Held: There was no case made out by the respondent (workman) seeking re-employment in the appellant’s services on the basis of s.25(H) – Respondent having accepted the compensation awarded to him in lieu of his right of reinstatement in service, the said issue finally came to an end – Moreover, s.25 (H) had no application to the case at hand – In order to attract the provisions of s.25(H), the workman has to prove that he was the “retrenched employee” and that his ex-employer has decided to fill up the vacancies in their set up and, therefore, he is entitled to claim preference over those persons, who have applied against such vacancies for a job while seeking re- employment in the services – This was, therefore, not a case of a retrenchment of the respondent from service as contemplated under s.25(H) of the ID Act. Industrial Disputes Act, 1947 – s.25(H) – Regularization and employment – Distinction between – Held: The expression ‘employment’ signifies a fresh employment to fill the vacancies whereas the expression ‘regularization of the service’ signifies that services of the employee, who is already in service are regularized as per service regulations.
Judge	Hon'ble Mr. Justice Abhay Manohar Sapre
Neutral Citation	2019 INSC 1
Petitioner	Management Of The Barara Cooperative Marketing-cum-processing Society Ltd.
Respondent	Workman Pratap Singh
SCR	[2019] 1 S.C.R. 1
Judgement Date	2019-01-02
Case Number	7

Sl.	Authority	Responsibilities	Communication Details
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
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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