Case Note & Summary
The petitioner, Bharat Sanchar Nigam Limited (BSNL), challenged an award dated 12.11.2003 passed by the Central Government Industrial Tribunal No.1, Mumbai, in Reference No.CGIT-04/1994. The Tribunal directed reinstatement of the respondent, Ramesh B. Tigadi, with continuity of service and 50% back wages. The respondent was engaged as a casual mazdoor on a monthly payment of Rs.300/- from 1st March 1984 to 31st March 1985, working for a total of 371 days on a coaxial cable project under the supervision of Assistant Engineer H.P. Kulkarni. The project ended on 31.3.1985, and the respondent's services were terminated. The respondent raised an industrial dispute, which was referred to the Tribunal. The Tribunal found that the respondent had completed 240 days of continuous service in the preceding 12 months and was entitled to protection under Section 25-F of the Industrial Disputes Act, 1947. The Tribunal ordered reinstatement with continuity of service but only 50% back wages. BSNL challenged the award on the ground that the respondent was a casual worker and not a regular employee. The High Court, per Justice B.H. Marlapalle, held that the Tribunal's findings were based on evidence and not perverse. The Court noted that the respondent had worked for 371 days over 13 months, which constituted continuous service under Section 25-B. The Court upheld the award, finding no error of law or jurisdiction. The petition was dismissed.
Headnote
A) Industrial Law - Reinstatement - Continuous Service - Section 25-B, Industrial Disputes Act, 1947 - The respondent worked as a casual mazdoor for 371 days from 1.3.1984 to 31.3.1985 on a coaxial cable project. The Tribunal held that he had completed 240 days of continuous service in the preceding 12 months and was entitled to reinstatement with 50% back wages. The High Court upheld the award, finding no perversity or error of law. (Paras 1-3) B) Industrial Law - Back Wages - Discretion of Tribunal - Section 11-A, Industrial Disputes Act, 1947 - The Tribunal awarded 50% back wages instead of full back wages, considering the nature of employment. The High Court held that the quantum of back wages is within the Tribunal's discretion and not interfered with unless perverse. (Para 3)
Issue of Consideration
Whether the respondent, a casual mazdoor who worked for 371 days over 13 months, is entitled to reinstatement with continuity of service and back wages under the Industrial Disputes Act, 1947.
Final Decision
The High Court dismissed the writ petition and upheld the Tribunal's award dated 12.11.2003 directing reinstatement of the respondent with continuity of service and 50% back wages.
Law Points
- Continuous service for 240 days in a year
- Section 25-B of Industrial Disputes Act
- 1947
- Reinstatement with back wages
- Casual worker regularization
