Case Note & Summary
The State of Maharashtra and the Sub-Divisional Forest Officer, Beed, filed a writ petition challenging the award of the Labour Court, Aurangabad, in Reference (IDA) No. 26 of 1986 dated 20th November 1990. The respondent, Sadashiv Maroti Doke, was appointed as a watchman on daily wages on 19th July 1980 at Vedkinhi to look after plantation of trees. He was removed from service on 1st April 1983 without any one month's notice or compensation in lieu thereof, and without any charge-sheet or departmental enquiry. The respondent filed a reference before the Labour Court seeking reinstatement, back-wages, and continuity of service. The petitioners filed an affidavit in reply stating that the respondent was offered work on daily wages and since the work at the plantation centre was over, his services were no longer required, and thus his employment automatically came to an end. The Labour Court allowed the reference, holding that the termination was illegal and directed reinstatement with continuity of service and back-wages. The High Court considered the submissions of both parties. The petitioners argued that the respondent was a daily-wage employee and his employment automatically ceased when the work was over, and that the provisions of the Industrial Disputes Act were not applicable. The respondent argued that his termination without notice or compensation and without following principles of natural justice was illegal. The High Court held that the termination of the respondent's service amounted to retrenchment under Section 2(oo) of the Industrial Disputes Act, 1947, and since the petitioners failed to comply with the mandatory requirements of Section 25F (one month's notice or wages in lieu thereof and retrenchment compensation), the termination was illegal and void. The court also noted that no charge-sheet or departmental enquiry was conducted, violating principles of natural justice. The High Court dismissed the writ petition, upholding the Labour Court's award of reinstatement with continuity of service and back-wages.
Headnote
A) Industrial Law - Retrenchment - Section 25F of Industrial Disputes Act, 1947 - Termination of daily-wage employee without notice or compensation - The respondent was appointed as a watchman on daily wages and removed without one month's notice or compensation and without any charge-sheet or departmental enquiry - The Labour Court held the termination illegal and ordered reinstatement with continuity of service and back-wages - The High Court upheld the award, holding that the termination amounted to retrenchment under Section 2(oo) and non-compliance with Section 25F rendered it void (Paras 1-6).
Issue of Consideration
Whether the termination of a daily-wage watchman without one month's notice or compensation in lieu thereof and without following principles of natural justice is legal and valid.
Final Decision
The High Court dismissed the writ petition and upheld the Labour Court's award directing reinstatement of the respondent with continuity of service and back-wages.
Law Points
- Retrenchment without notice or compensation is illegal
- Daily-wage employee covered under Industrial Disputes Act
- Automatic termination after work completion is retrenchment
- Principles of natural justice must be followed
Case Details
2010 LawText (BOM) (11) 6
Writ Petition No. 177 of 1992
Mr. D.R. Korde, A.G.P. for petitioners; Mr. Pradeep Shahane, Advocate for respondent No. 1
The State of Maharashtra and The Sub-Divisional Forest Officer, Beed
Sadashiv Maroti Doke and The Presiding Officer, Labour Court, Aurangabad
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Nature of Litigation
Writ petition challenging the award of the Labour Court in an industrial dispute regarding illegal termination of a daily-wage watchman.
Remedy Sought
The respondent (workman) sought reinstatement with continuity of service and back-wages; the petitioners (State) sought quashing of the Labour Court award.
Filing Reason
The respondent was removed from service without one month's notice or compensation and without any charge-sheet or departmental enquiry.
Previous Decisions
Labour Court allowed the reference and directed reinstatement with continuity of service and back-wages.
Issues
Whether the termination of the respondent's service without one month's notice or compensation in lieu thereof is legal?
Whether the termination without following principles of natural justice is valid?
Whether the respondent is entitled to reinstatement with continuity of service and back-wages?
Submissions/Arguments
Petitioners argued that the respondent was a daily-wage employee and his employment automatically ceased when the work was over, and the provisions of the Industrial Disputes Act were not applicable.
Respondent argued that his termination without notice or compensation and without following principles of natural justice was illegal and he is entitled to reinstatement with back-wages.
Ratio Decidendi
The termination of a daily-wage employee without complying with Section 25F of the Industrial Disputes Act, 1947 (one month's notice or wages in lieu thereof and retrenchment compensation) and without following principles of natural justice is illegal and void. The employee is entitled to reinstatement with continuity of service and back-wages.
Judgment Excerpts
The respondent No. 1 herein filed Reference (IDA) No. 26 of 1986 before the Labour Court, praying therein to reinstatement, back-wages and for continuation of service in the employment of petitioner as a watchman.
It is further submitted that while removing the respondent No. 1 from the employment of the petitioners, no one month notice or compensation in lieu of notice was not given, and therefore, the said action of the petitioners to remove the respondent No. 1 from the service without giving one month notice, or compensation in lieu of one months notice is illegal and incorrect.
The petitioners filed affidavit in reply before the Labour court... It was specifically stated in the said reply that the respondent No. 1 was offered work from 19th July, 1980, on daily wages for protecting the plants at plantation centre, at Vedkinhi It is further stated that since work at said place had been over, the services of respondent No. 1 were not required. Therefore, automatically on 1st April, 1983 his services came to an end.
Procedural History
The respondent filed Reference (IDA) No. 26 of 1986 before the Labour Court, Aurangabad, which passed an award on 20th November 1990 in favour of the respondent. The petitioners challenged the award by filing Writ Petition No. 177 of 1992 before the High Court of Bombay, Bench at Aurangabad, which was dismissed on 30th November 2010.
Acts & Sections
- Industrial Disputes Act, 1947: Section 2(oo), Section 25F
