Case Note & Summary
The State of Maharashtra and the Divisional Forest Officer filed a writ petition challenging the Labour Court's award dated 30/09/2002 in Ref.(IDA) No.209/1989. The Labour Court had set aside the termination of the respondent, Dashrath Mhatarji Hivarale, a daily-rated watchman employed from 01/01/1984 to 01/04/1988, and ordered his reinstatement with continuity of service and full back wages. The respondent proved his employment through oral and documentary evidence. The High Court, while admitting the petition, stayed the direction for payment of back wages. The court noted that in similar cases decided on 06/05/2019 in WP Nos.2182/1999 and 2183/1999, it had taken the view that reinstatement is proper but full back wages are not automatic, especially when the workman was not employed during the pendency and the employer is a public body. The learned AGP for the petitioners and the respondent's counsel were heard. The respondent's counsel had no instructions on whether the respondent was reinstated, but stated that in 2003 he was not in employment. The court upheld the reinstatement and continuity of service but modified the back wages to 50% of the full back wages, considering the circumstances. The petition was partly allowed.
Headnote
A) Industrial Disputes Act, 1947 - Section 25-F - Reinstatement - Daily-rated watchman terminated without compliance with Section 25-F - Labour Court found termination illegal and ordered reinstatement with full back wages - High Court upheld reinstatement but modified back wages to 50% considering the workman was not employed during pendency and the employer is a public body - Held that reinstatement is proper but full back wages not automatic (Paras 1-8).
Issue of Consideration
Whether the Labour Court's award of reinstatement with full back wages to a daily-rated watchman is sustainable in law.
Final Decision
The petition is partly allowed. The impugned award of reinstatement with continuity of service is upheld. However, the direction for full back wages is modified to 50% of the full back wages.
Law Points
- Reinstatement with continuity of service is proper for illegal termination
- Full back wages not automatic
- Daily-rated employee entitled to reinstatement if termination violates Section 25-F of Industrial Disputes Act
- 1947
