Case Note & Summary
The petitioner, the Executive Engineer of Bhima Irrigation Division, challenged an order dated 10th October 2000 passed by the 2nd Labour Court, Solapur, in Reference I.D.A. No.77 of 1993. The Labour Court directed the petitioner to reinstate the respondent, Vitthal Mahipati Kale, with continuity of service and full back wages from 28th July 1992 until reinstatement. The respondent had worked as a daily wage worker from 9th May 1983 to 22nd September 1985, when his services were orally terminated without following due procedure under Section 25-F of the Industrial Disputes Act, 1947. The respondent was a handicapped and project-affected person. The High Court noted that the respondent had already been reinstated in service since March 2002, as recorded in an earlier order dated 3rd June 2002. The court observed that the respondent had rendered services for more than three years and had completed more than 240 days in each year, which supported his case. The court found no reason to interfere with the Labour Court's findings, as there was no perversity and the reasons were based on documents and material on record. The court also noted that the respondent, having worked for more than three years, had the right of a permanent employee as available in law. The petitioner relied on the judgment in Kanailal Bera v. Union of India, but the court did not find it applicable. The High Court dismissed the writ petition, upholding the Labour Court's order.
Headnote
A) Industrial Law - Illegal Termination - Reinstatement with Back Wages - Daily Wage Worker - The respondent, a daily wage worker, worked from 9th May 1983 to 22nd September 1985 and was orally terminated without notice or wages in lieu thereof, violating Section 25-F of the Industrial Disputes Act, 1947. The Labour Court ordered reinstatement with continuity and full back wages. The High Court upheld the order, noting the respondent had completed more than 240 days in each year and had rendered services for more than three years, entitling him to the rights of a permanent employee. (Paras 4-6) B) Industrial Law - Permanent Employee Rights - Daily Wage Worker - A daily wage worker who has worked for more than three years acquires the right of a permanent employee as available in law. The court held that the respondent's services were illegally terminated and there was no perversity in the Labour Court's findings based on documents and material on record. (Paras 5-6)
Issue of Consideration
Whether the Labour Court's order directing reinstatement with full back wages for a daily wage worker whose services were orally terminated without following due procedure under Section 25-F of the Industrial Disputes Act, 1947, is sustainable.
Final Decision
The High Court dismissed the writ petition, upholding the Labour Court's order directing reinstatement with continuity of service and full back wages from 28th July 1992 till reinstatement.
Law Points
- illegal termination
- reinstatement
- back wages
- daily wage worker
- completion of 240 days
- oral termination
- Industrial Disputes Act
- 1947
- Section 25-F
- permanent employee rights
