Case Note & Summary
The Petitioner, M/s. Navy Children School Secondary, a private unaided school established from the Welfare Fund of Defence Personnel, challenged the Award dated 18 January 2020 passed by the 11th Labour Court, Mumbai, in Reference (IDA) No.283 of 2017. The Labour Court had answered the reference in the affirmative and directed the school to reinstate the Respondent-workman, Ratan Omprakash Charan, with continuity of service and full backwages with effect from 18 May 2016. The workman was employed as a Group-D staff (sweeper) on a contractual basis. The school contended that the workman was not a 'workman' under the Industrial Disputes Act, 1947, and that his services were terminated due to unsatisfactory work. The Labour Court, however, found that the workman had completed 240 days of continuous service and that his termination was in violation of Section 25-F of the ID Act as no notice or retrenchment compensation was given. The High Court, after hearing the parties, held that the Labour Court's findings were based on evidence and not perverse. The Court noted that the school had not complied with the mandatory provisions of Section 25-F, making the termination illegal. The High Court dismissed the writ petition and upheld the award of reinstatement with full backwages. Additionally, the Court directed the school to pay the workman wages under Section 17B of the ID Act from the date of the award till the date of reinstatement, as per the interim application filed by the workman.
Headnote
A) Industrial Disputes - Illegal Termination - Section 25-F of Industrial Disputes Act, 1947 - Reinstatement with Backwages - The workman was terminated without compliance with Section 25-F of the ID Act, as no notice or retrenchment compensation was given. The Labour Court held the termination illegal and directed reinstatement with continuity of service and full backwages from 18 May 2016. The High Court upheld the award, finding no perversity in the Labour Court's findings. (Paras 1-18) B) Industrial Disputes - Wages During Pendency - Section 17B of Industrial Disputes Act, 1947 - The workman filed an application under Section 17B for payment of last drawn wages during the pendency of the petition. The Court, while upholding the award, directed the school to pay the workman wages under Section 17B from the date of the award till reinstatement. (Paras 2, 18)
Issue of Consideration
Whether the termination of the workman by the school was legal and whether the Labour Court's award of reinstatement with full backwages is sustainable.
Final Decision
The High Court dismissed the writ petition and upheld the Labour Court's award of reinstatement with continuity of service and full backwages. The Court also directed the school to pay wages under Section 17B of the ID Act from the date of the award till reinstatement.
Law Points
- Termination of workman without compliance with Section 25-F of Industrial Disputes Act
- 1947 is illegal
- Reinstatement with full backwages is proper remedy for illegal termination
- Section 17B of Industrial Disputes Act
- 1947 provides for payment of wages during pendency of proceedings
