9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (2) TMI 155 - SC - Indian LawsDirection to the employer for reinstatement with continuity of service and 25 per cent back wages - workman had worked for only eight months as daily wager and his termination has been held to be in contravention of Section 25-F of the Industrial Disputes Act, 1947 - Held that - As decided in Bharat Sanchar Nigam Limited v. Man Singh 2013 (2) TMI 107 - SUPREME COURT wherein the workmen, who were daily wagers during the year 1984-85 were terminated without following Section 25-F. The industrial dispute was raised after five years and although the Labour Court had awarded reinstatement of the workmen which was not interfered by the High Court, this Court set aside the award of reinstatement and ordered payment of compensation. As the respondent workmen were engaged as daily wagers and they had merely worked for more than 240 days, relief of reinstatement cannot be said to be justified. In light of the above legal position and having regard to the facts of the present case, namely, the workman was engaged as daily wager on 01.03.1991 and he worked hardly for eight months from 01.03.1991 to 31.10.1991, the Labour Court failed to exercise its judicial discretion appropriately. The Single Judge as well as the Division Bench of the High Court also erred in not considering the above aspect at all. The award dated 28.06.2001 directing reinstatement of the respondent with continuity of service and 25% back wages in the facts and circumstances of the case cannot be sustained and has to be set aside and is set aside. And compensation of ₹ 50,000/- by the appellant to the respondent shall meet the ends of justice to be made within six weeks from today failing which the same will carry interest @ 9 per cent per annum.
Issues Involved:
1. Legality of reinstatement with continuity of service and back wages for a workman terminated in contravention of Section 25-F of the Industrial Disputes Act, 1947. 2. Appropriateness of compensation versus reinstatement for a daily wager terminated unlawfully. Issue-wise Detailed Analysis: 1. Legality of Reinstatement with Continuity of Service and Back Wages: The primary question was whether reinstatement with continuity of service and 25% back wages is legally sustainable when a workman, employed as a daily wager for eight months, is terminated in violation of Section 25-F of the Industrial Disputes Act, 1947. The Labour Court found that the respondent had worked for 240 days and that his termination was in violation of Section 25-F. The Supreme Court, while affirming the Labour Court's finding of unlawful termination, examined whether reinstatement with back wages was the appropriate remedy. 2. Appropriateness of Compensation versus Reinstatement: The Court reviewed numerous precedents to determine the appropriateness of reinstatement versus compensation in cases of wrongful termination. It noted that while the normal rule in cases of wrongful dismissal is reinstatement, this is not absolute and exceptions exist, especially for daily wagers. The Court cited several cases where compensation was deemed more appropriate than reinstatement, particularly for daily wagers or short-term employees. Key Precedents and Judicial Discretion: - Assam Oil Company Limited v. Its Workmen: Established that reinstatement is the normal rule but not expedient in all cases. - Hindustan Steels Ltd. v. A.K. Roy: Reiterated that reinstatement is not always desirable or expedient. - M/s. Ruby General Insurance Co. Ltd. v. Shri P.P. Chopra: Highlighted that reinstatement may not be fair in certain circumstances. - The Management of Panitole Tea Estate v. The Workmen: Emphasized judicial discretion in awarding reinstatement or compensation. - L. Robert D'Souza v. Executive Engineer: Confirmed that Section 25-F applies to daily-rated workers. - Manager, Reserve Bank of India, Bangalore v. S. Mani: Stressed that reinstatement is not an automatic consequence of unlawful termination. - Nagar Mahapalika v. State of U.P.: Modified reinstatement to compensation due to non-compliance with Section 25-F. - Santosh Kumar Seal v. Senior Superintendent Telegraph (Traffic), Bhopal: Awarded compensation instead of reinstatement for daily wagers. Distinguishing Recent Cases: The Court distinguished the present case from Harjinder Singh v. Punjab State Warehousing Corporation and Devinder Singh v. Municipal Council, Sanaur, noting that these cases involved different factual circumstances and were not applicable to the present situation of a daily wager terminated after a short period of employment. Conclusion and Order: The Supreme Court concluded that reinstatement with back wages was not appropriate for a daily wager who worked for only eight months. The Labour Court's decision to reinstate the respondent with continuity of service and 25% back wages was set aside. Instead, the Court ordered compensation of Rs. 50,000 to be paid to the respondent within six weeks, failing which interest at 9% per annum would apply. The appeal was partly allowed with no order as to costs.
|
