Case Note & Summary
The judgment pertains to four writ petitions filed by daily wagers (Kisan Atmaram Kasti, Hari Shravan Randive, Manohar Shripat Sakharkar, and Yogeshwar Walmik Titirmare) against the Forest Development Corporation of Maharashtra Ltd. and its officers. The petitioners were engaged as daily wagers by the Corporation and their services were terminated. They challenged the termination on the ground that it was in violation of Section 25-F of the Industrial Disputes Act, 1947, as no retrenchment compensation was paid and no notice was given. The petitioners sought reinstatement with continuity of service and back wages. The respondents contended that the petitioners were daily wagers and did not complete 240 days of continuous service in the preceding 12 months, and thus the provisions of Section 25-F were not attracted. The court examined the evidence and found that the petitioners failed to prove that they had worked for 240 days in the year preceding their termination. The burden of proof lay on the workmen, and they did not discharge it. Consequently, the court held that the termination was not illegal and dismissed the petitions. The court also observed that even if the termination was found illegal, reinstatement with full back wages is not automatic, but in this case, the question did not arise.
Headnote
A) Industrial Law - Retrenchment - Daily Wagers - Section 25-F, Industrial Disputes Act, 1947 - Burden of Proof - The petitioners, daily wagers, claimed illegal termination without compliance of Section 25-F. The court held that the burden to prove continuous service of 240 days in the preceding 12 months lies on the workman. Since the petitioners failed to discharge this burden, their termination was not illegal. (Paras 1-10) B) Industrial Law - Continuous Service - Section 25-B, Industrial Disputes Act, 1947 - Computation of 240 Days - The court noted that the petitioners were engaged on daily wages and their service was not continuous. They did not produce any evidence to show that they had worked for 240 days in the year preceding termination. Hence, they were not entitled to protection under Section 25-F. (Paras 1-10) C) Industrial Law - Reinstatement - Daily Wagers - Back Wages - The court held that even if termination was found illegal, reinstatement with full back wages is not automatic. However, in this case, since the petitioners failed to establish continuous service, the question of reinstatement does not arise. (Paras 1-10)
Issue of Consideration
Whether the termination of the petitioners, who were daily wagers, without complying with Section 25-F of the Industrial Disputes Act, 1947, was illegal and whether they were entitled to reinstatement with back wages.
Final Decision
The court dismissed all four writ petitions, holding that the petitioners failed to prove that they had worked for 240 days in the preceding 12 months, and thus the termination was not illegal.
Law Points
- Burden of proof on workman to establish continuous service of 240 days
- Termination of daily wager without complying with Section 25-F of Industrial Disputes Act
- 1947 is illegal
- Retrenchment compensation not required for daily wagers not completing 240 days
