Case Note & Summary
The Tapi Irrigation Development Corporation (petitioner) challenged an order of the Industrial Court, Jalgaon, which directed reinstatement of the workman, Shamrao Deochand Pawar, with continuity of service and back wages. The workman had been employed as a labourer and had completed 240 days of service. His termination was effected without compliance of Section 25F of the Industrial Disputes Act, 1947, which requires notice or compensation in lieu thereof. The Industrial Court found the termination illegal and ordered reinstatement. The Corporation initially filed a writ petition which was dismissed by a judgment dated 20/09/2019, relying on a Division Bench order in an identical matter, Ulsha Sonu Pawar v. Tapi Irrigation Development Corporation (Writ Petition No. 13245/2018). Subsequently, the Corporation filed a Civil Application No. 15120/2019 seeking leave to deposit Rs. 25,42,000/- with the Registrar of the Court. The Court noted that the facts and circumstances were identical to Ulsha's case and dismissed the petition, discharging the Rule. The Court held that the Industrial Court's order was justified and no interference was warranted. The Civil Application was also disposed of as infructuous.
Headnote
A) Industrial Law - Reinstatement - Back Wages - Section 25F of Industrial Disputes Act, 1947 - Workman completed 240 days of service and termination was without notice or compensation - Industrial Court directed reinstatement with continuity of service and back wages - Held that the order was justified and no interference warranted (Paras 1-3).
Issue of Consideration
Whether the Industrial Court was justified in directing reinstatement with continuity of service and back wages to the workman who had completed 240 days of service and whose termination was without compliance of Section 25F of the Industrial Disputes Act, 1947.
Final Decision
The petition is dismissed. Rule is discharged. Civil Application No. 15120/2019 is disposed of as infructuous.
Law Points
- Section 25F of Industrial Disputes Act
- 1947
- Reinstatement with back wages
- Continuity of service
- 240 days of service
- Termination without notice or compensation
Case Details
2020 LawText (BOM) (03) 12
Writ Petition No. 626 of 2002 with Civil Application No. 15120 of 2019
Shri D. R. Shelke and Ms. S. D. Shelke for Petitioners, Shri G. J. Karne for Respondent/s
Tapi Irrigation Development Corporation, Jalgaon, Through: 1. The Superintending Engineer, Jalgaon Irrigation Project, Circle, Jalgaon. 2. The Executive Engineer, Jalgaon Medium Project, Jalgaon. 3. Sub-Divisional Engineer, Tondapur Dam Sub-Division, Tq. Jamner, Now shifted to Erandol, Tq. Erandol, Dist. Jalgaon.
1. Shri Shamrao Deochand Pawar, R/o Tondapur, Tondapur Dam Sub-Dv. Tondapur, Tal. Jamner, Dist. Jalgaon. 2. Hon'ble Member, Industrial Court, Jalgaon.
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Nature of Litigation
Writ petition challenging Industrial Court order directing reinstatement with continuity of service and back wages.
Remedy Sought
Petitioner sought to quash the Industrial Court order and sought leave to deposit Rs. 25,42,000/-.
Filing Reason
Petitioner challenged the Industrial Court order on the ground that the workman was not entitled to reinstatement with back wages.
Previous Decisions
The petition was earlier dismissed by judgment dated 20/09/2019, relying on a Division Bench order in Ulsha Sonu Pawar v. Tapi Irrigation Development Corporation (Writ Petition No. 13245/2018).
Issues
Whether the Industrial Court was justified in directing reinstatement with continuity of service and back wages to the workman who had completed 240 days of service and whose termination was without compliance of Section 25F of the Industrial Disputes Act, 1947.
Submissions/Arguments
Petitioner argued that the workman was not entitled to reinstatement with back wages.
Respondent workman supported the Industrial Court order.
Ratio Decidendi
The Industrial Court's order directing reinstatement with continuity of service and back wages was justified as the workman had completed 240 days of service and termination was without compliance of Section 25F of the Industrial Disputes Act, 1947. The facts being identical to Ulsha Sonu Pawar's case, no interference was warranted.
Judgment Excerpts
This petition was earlier decided by judgment dated 20/09/2019.
As it was pointed out that the facts and circumstances in Ulsha were identical to the present case, this petition was dismissed and Rule was discharged.
The Petitioner Tapi Irrigation Department approached this Court with a Civil Application No. 15120/2019, requesting for leave to deposit an amount of Rs. 25,42,000/- with the learned Registrar of this Court.
Procedural History
The workman filed a complaint before the Industrial Court, which directed reinstatement with continuity of service and back wages. The Corporation filed Writ Petition No. 626/2002 challenging that order. The petition was dismissed on 20/09/2019. The Corporation then filed Civil Application No. 15120/2019 seeking leave to deposit Rs. 25,42,000/-. The present judgment disposes of both the petition and the civil application.
Acts & Sections
- Industrial Disputes Act, 1947: Section 25F
