Case Note & Summary
The petitioner, Director of Shri Guru Govind Singhji College of Engineering and Technology, Vishnupuri, Nanded, challenged the judgment and order dated 19-10-2010 passed by the Industrial Court, Maharashtra, Bench Jalna in Revision (ULP) No. 37 of 2009, which arose out of the judgment and order dated 05-08-2009 passed by the Labour Court, Nanded in Complaint (ULP) No. 161 of 2008. The respondent, Kishan s/o Sahebrao Deshmukh, was the original complainant. He filed the complaint alleging that his services as a daily wager were terminated by the petitioner without complying with Section 25F of the Industrial Disputes Act, 1947, which constitutes an unfair labour practice under Item 1 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (MRTU & PULP Act). The Labour Court allowed the complaint and directed reinstatement with continuity of service and full back wages. The Industrial Court dismissed the revision, confirming the Labour Court's order. The petitioner then filed the present writ petition. The High Court, after hearing both sides, found that the concurrent findings of fact by the Labour Court and Industrial Court were based on evidence and not perverse. The court noted that the petitioner failed to prove that the respondent had abandoned the job or that the termination was in accordance with law. The High Court held that the termination without following Section 25F of the Industrial Disputes Act was illegal and amounted to unfair labour practice. The writ petition was dismissed, and the orders of the Labour Court and Industrial Court were upheld.
Headnote
A) Industrial Law - Unfair Labour Practice - Termination of Daily Wager - Section 25F of Industrial Disputes Act, 1947 read with Item 1 of Schedule IV of Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 - The respondent, a daily wager, was terminated without notice or compensation as required under Section 25F of the Industrial Disputes Act, 1947. The Labour Court and Industrial Court held that the termination was illegal and amounted to unfair labour practice. The High Court upheld the orders, finding no perversity or error of law. (Paras 2-5)
Issue of Consideration
Whether the termination of the respondent (daily wager) without complying with Section 25F of the Industrial Disputes Act, 1947 amounts to unfair labour practice under the MRTU & PULP Act, 1971.
Final Decision
Writ petition dismissed. Orders of Labour Court and Industrial Court upheld. Rule discharged. No order as to costs.
Law Points
- Termination of daily wager without notice or compensation violates Section 25F of Industrial Disputes Act
- 1947
- Unfair labour practice under Item 1 of Schedule IV of MRTU & PULP Act
- 1971
Case Details
2012 LawText (BOM) (01) 17
Writ Petition No.3013 of 2011
Mr. K.M. Suryawanshi for petitioner, Mr. A.M. Gaikwad for respondent sole
The Director, Shri. Guru Govind Singhji College of Engineering and Technology, Vishnupuri, Nanded
Kishan s/o Sahebrao Deshmukh
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Nature of Litigation
Writ petition challenging the judgment of Industrial Court confirming Labour Court order of reinstatement with back wages for unfair labour practice.
Remedy Sought
Petitioner sought to quash the orders of Labour Court and Industrial Court directing reinstatement with continuity of service and full back wages.
Filing Reason
Petitioner alleged that the respondent abandoned the job and that the termination was not illegal.
Previous Decisions
Labour Court allowed complaint and ordered reinstatement with continuity and full back wages; Industrial Court dismissed revision.
Issues
Whether the termination of the respondent without complying with Section 25F of the Industrial Disputes Act, 1947 amounts to unfair labour practice.
Whether the concurrent findings of the Labour Court and Industrial Court are perverse or suffer from error of law.
Submissions/Arguments
Petitioner argued that the respondent abandoned the job and that the termination was not illegal.
Respondent argued that his services were terminated without notice or compensation, violating Section 25F of the Industrial Disputes Act, 1947.
Ratio Decidendi
Termination of a daily wager without complying with Section 25F of the Industrial Disputes Act, 1947 (notice and compensation) constitutes an unfair labour practice under Item 1 of Schedule IV of the MRTU & PULP Act, 1971. Concurrent findings of fact by lower courts, if based on evidence and not perverse, are not to be interfered with in writ jurisdiction.
Judgment Excerpts
The respondent herein, who is the original complainant, filed Complaint (ULP) No.161 of 2008 before the Labour Court, Nanded, alleging therein that, the petitioner herein terminated his services without complying with the provisions of Section 25F of the Industrial Disputes Act, 1947.
The Labour Court, after recording evidence, allowed the complaint and directed the petitioner to reinstate the respondent with continuity of service and full back wages.
The Industrial Court, after re-appreciating the evidence, dismissed the revision and confirmed the order of the Labour Court.
In the present writ petition, the petitioner has challenged the concurrent findings of the Labour Court and the Industrial Court.
Procedural History
Respondent filed Complaint (ULP) No.161 of 2008 before Labour Court, Nanded. Labour Court allowed complaint on 05-08-2009. Petitioner filed Revision (ULP) No.37 of 2009 before Industrial Court, Maharashtra, Bench Jalna, which was dismissed on 19-10-2010. Petitioner then filed Writ Petition No.3013 of 2011 before the High Court of Bombay, Bench at Aurangabad, which was dismissed on 19-01-2012.
Acts & Sections
- Industrial Disputes Act, 1947: Section 25F
- Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971: Item 1 of Schedule IV
