Case Note & Summary
The petitioner, Maharashtra State Power Generation Company Limited, challenged an award of the First Labour Court, Nagpur, which directed reinstatement of respondent No.1 (workman) with 50% back wages from the date of termination. The workman claimed he was engaged as a helper on daily wages from 1976 at Khaparkheda and Koradi Thermal Power Stations of the petitioner until 4-10-1982, when his services were terminated without complying with Section 25F of the Industrial Disputes Act, 1947. He alleged that the rule of 'last come first go' was violated as juniors were retained. The employer contended that the two units were separate and independent, and the workman had not worked for 240 days in any continuous period of one year at the Koradi unit. The Labour Court held the termination illegal and ordered reinstatement with 50% back wages. The High Court upheld the award, reasoning that the two units are under the same employer (the Corporation) and do not have separate juristic personality, so the total days worked at both units must be computed together. The court also noted that the employer failed to prove that no junior was retained. The petition was dismissed, affirming the Labour Court's award.
Headnote
A) Industrial Law - Continuous Service - Computation of 240 Days - Section 25F, Industrial Disputes Act, 1947 - The workman worked at two separate thermal power stations of the same employer. The court held that since both units are under the same employer (the Corporation), the total number of days worked at both units must be computed together to determine if the workman had completed 240 days of continuous service. The units do not have separate juristic personality. (Paras 6-8) B) Industrial Law - Termination - Last Come First Go - Section 25G, Industrial Disputes Act, 1947 - The workman alleged that juniors were retained while he was terminated. The Labour Court found the termination illegal. The High Court upheld the finding, noting that the employer failed to prove that no junior was retained. (Paras 2, 4) C) Industrial Law - Reinstatement - Back Wages - Section 11A, Industrial Disputes Act, 1947 - The Labour Court directed reinstatement with 50% back wages. The High Court affirmed the award, holding that the termination was illegal and the workman was entitled to reinstatement with continuity of service and 50% back wages. (Paras 1, 4)
Issue of Consideration
Whether the services rendered by a workman at two different units of the same employer can be clubbed together to compute 240 days of continuous service for the purpose of Section 25F of the Industrial Disputes Act, 1947.
Final Decision
The High Court dismissed the writ petition and upheld the Labour Court's award directing reinstatement of the workman with 50% back wages from the date of termination till reinstatement with continuity of service.
Law Points
- Continuous service
- computation of 240 days
- separate units of same employer
- Section 25F Industrial Disputes Act
- 1947
- last come first go
- reinstatement with back wages
