Case Note & Summary
The present writ petition was filed by the Executive Engineer, Public Works Department, Wardha (the employer) challenging the award dated 06.09.2004 passed by the Labour Court, Wardha in Reference I.D.A. No. 13/1995. The Labour Court had set aside the termination of the respondent, Ganpat Maroti Ghuse, a daily wager, with effect from 21.08.1986 and ordered his reinstatement with continuity of service and 50% back wages. The respondent had worked as a daily wager from 07.01.1984 to 21.08.1986. He raised the industrial dispute in 1995, i.e., after a delay of about 6 years. The employer contended that due to this delay, the relevant records had been destroyed in accordance with Rule 272 of the P.W.D. Manual. The parties jointly submitted that the challenge in this petition was squarely covered by a judgment delivered on 05.01.2010 by the same court in Writ Petition No. 3015/2005, which involved an identical employee (Raju) with similar facts: he had worked from 01.04.1983 to 01.08.1985 and also moved the conciliation machinery for the first time in 1995. The employer's attack on the ground of delay and destruction of records was identical in both matters. The High Court, following its earlier judgment, held that the impugned award granting continuity and back wages was unsustainable. The Court quashed and set aside the award, but without prejudice to the respondent's right to claim work as a daily wager under Section 25H of the Industrial Disputes Act, 1947, when available. The writ petition was allowed, rule made absolute, and no order as to costs.
Headnote
A) Industrial Law - Delay in Raising Dispute - Reinstatement and Back Wages - Industrial Disputes Act, 1947, Section 25H - The employee, a daily wager, was terminated on 21.08.1986 but raised the dispute only in 1995, i.e., after about 6 years. The employer contended that due to the delay, records were destroyed as per Rule 272 of the P.W.D. Manual. The High Court, following its earlier judgment in Writ Petition No. 3015/2005, held that the award granting continuity and back wages was unsustainable. The Court quashed the award but preserved the employee's right to claim work as a daily wager under Section 25H of the Industrial Disputes Act when available. (Paras 1-4) B) Industrial Law - Precedent - Binding Effect of Earlier Judgment - Industrial Disputes Act, 1947 - The challenge in the present writ petition was squarely covered by the judgment dated 05.01.2010 in Writ Petition No. 3015/2005, where the same issues of delay and record destruction were raised. The Court found the facts identical and applied the same reasoning to quash the award. (Paras 1-3)
Issue of Consideration
Whether the Labour Court's award granting reinstatement with continuity and 50% back wages to a daily wager is sustainable when the employee raised the dispute after a delay of about 6 years and the employer's records were destroyed.
Final Decision
The High Court quashed and set aside the Labour Court award dated 06.09.2004, but without prejudice to the respondent's right to claim work as a daily wager under Section 25H of the Industrial Disputes Act, 1947, when available. The writ petition was allowed, rule made absolute, with no order as to costs.
Law Points
- Delay in raising industrial dispute
- Destruction of records
- Rule 272 of P.W.D. Manual
- Section 25H of Industrial Disputes Act
- 1947
- Reinstatement and back wages
