9911796707
|
Home
Issues:
- Validity of termination order under Sec. 25F of the Industrial Disputes Act, 1947. - Interpretation of Section 2(oo)(bb) of the Industrial Disputes Act. - Application of principles of natural justice in termination of services. Analysis: The Supreme Court granted Special Leave to appeal against the High Court's order dismissing a writ petition challenging the termination of service on the grounds of violation of Sec. 25F of the Industrial Disputes Act, 1947. The appellant, appointed as a Conductor in a state transport corporation, had his services terminated after working for more than 240 days. The termination order stated the appellant was unsuitable for the post and forfeited his appointment chance. The High Court held the termination was not retrenchment under Sec. 2(oo)(bb) due to a stipulation in the contract allowing termination at any time. The Court noted the importance of Sec. 25F in safeguarding employees' interests by ensuring compensation before retrenchment. The Court discussed the definition of retrenchment under Sec. 2(oo) and the amendment adding clause (bb) exempting termination due to non-renewal of a contract. The appellant's contract allowed termination at any time, leading to the High Court's decision. The Court expressed concern over potential misuse by employers to evade Sec. 25F's requirements. However, the Court did not delve into this issue, focusing instead on the violation of natural justice principles in the termination process. The Court highlighted the statutory nature of the regulations governing the appellant's employment, emphasizing the importance of natural justice in termination cases. The appellant's termination, based on unsuitability, led to deletion from the select list, forfeiting future employment chances. The Court ruled that even if the regulations did not require an opportunity for explanation, natural justice principles demanded it. Lack of explanation opportunity rendered the termination order null and void. Consequently, the Court set aside the High Court's order and directed reinstatement with back wages and benefits, emphasizing adherence to natural justice principles in employment terminations. In conclusion, the Supreme Court allowed the appeal, emphasizing the significance of natural justice in employment termination cases and setting aside the termination order for violating these principles. The Court's decision highlighted the importance of procedural fairness and employee protection in employment matters, ensuring compliance with statutory provisions and principles of natural justice.
|
