Case Note & Summary
The present Writ Petition was filed by the Principal General Manager, Bharat Sanchar Nigam Limited (BSNL), challenging the order dated 06.03.2003 passed by the Central Government Industrial Tribunal No. 2, Mumbai, in Reference No. 2/96 of 2000. The Tribunal had directed BSNL to pay remuneration to the original respondent, G.B. Khetade (since deceased, represented by legal heirs), for the period from 06.12.1992 to 10.05.1999. The respondent was hired as a casual labourer by BSNL. His services were terminated on 06.12.1992 without compliance with the provisions of the Industrial Disputes Act, 1947. The respondent raised an industrial dispute, which was referred to the Tribunal. The Tribunal found that the termination was illegal as the petitioner failed to comply with Section 25F of the Act, which requires payment of retrenchment compensation and notice pay. The Tribunal awarded reinstatement with continuity of service and back wages. BSNL challenged this award on the ground that the respondent was a casual labourer and had not completed 240 days of continuous service. The High Court, after hearing both sides, held that the respondent had indeed worked for more than 240 days in the preceding year, and the termination was illegal. The court upheld the Tribunal's award, dismissing the writ petition. The court directed BSNL to pay the respondent's legal heirs the amount of remuneration as per the award within eight weeks.
Headnote
A) Industrial Law - Back Wages - Illegal Termination - Section 10, Industrial Disputes Act, 1947 - The petitioner, BSNL, challenged the award of the Central Government Industrial Tribunal directing payment of remuneration to the respondent, a casual labourer, for the period of illegal termination from 06.12.1992 to 10.05.1999. The court upheld the award, holding that the termination was illegal for non-compliance with Section 25F of the Act, and the respondent was entitled to back wages for the period he was kept out of employment. (Paras 2-5) B) Industrial Law - Retrenchment - Compliance with Section 25F - Industrial Disputes Act, 1947, Section 25F - The court held that the termination of the respondent's services without payment of retrenchment compensation and without following the procedure under Section 25F was illegal. The respondent had worked for more than 240 days in the preceding year, and the petitioner failed to comply with the mandatory requirements of Section 25F. (Paras 3-4) C) Industrial Law - Reinstatement - Continuity of Service - Industrial Disputes Act, 1947, Section 25G, 25H - The court held that the respondent was entitled to reinstatement with continuity of service and back wages from the date of termination until the date of reinstatement. The award of the Tribunal was confirmed, and the writ petition was dismissed. (Para 5)
Issue of Consideration
Whether the Industrial Tribunal was justified in directing payment of remuneration to the respondent for the period from 06.12.1992 to 10.05.1999 despite the respondent being a casual labourer and not having completed 240 days of continuous service.
Final Decision
The High Court dismissed the writ petition and upheld the award of the Central Government Industrial Tribunal dated 06.03.2003, directing BSNL to pay remuneration to the respondent's legal heirs for the period from 06.12.1992 to 10.05.1999. The court directed BSNL to comply with the award within eight weeks.
Law Points
- Back wages for illegal termination
- casual labourer
- Industrial Disputes Act
- 1947
- Section 10
- Section 25F
- Section 25G
- Section 25H
- retrenchment compensation
- reinstatement
- continuity of service
