Case Note & Summary
The case involves an appeal by the Executive Engineer, Rehabilitation Division, Pune Zilla Parishad, against a judgment of a Single Judge of the Bombay High Court dismissing a writ petition challenging a Labour Court order. The respondent, Ramchandra Baban Jadhav, was appointed as a temporary peon on 10-3-1981 for a period of six months in the Rehabilitation Department of Pune Zilla Parishad. His services were terminated with effect from 31-5-1982 by a letter dated 15-5-1982 without assigning any reason and without holding any inquiry. The respondent raised an industrial dispute, which was referred to the Labour Court as Reference No.148/83. The Labour Court directed his reinstatement with continuity of service and back wages at Rs.300 per month from 1-6-1982 till the date of reinstatement. The appellant challenged this order before a Single Judge, who dismissed the writ petition and directed reinstatement within four weeks and payment of back wages as awarded. The appellant then filed a Letters Patent Appeal before the Division Bench. The Division Bench, after hearing both sides, found that the Labour Court and the Single Judge had concurrently held that the termination was illegal as it was without inquiry and without any reason. The Division Bench noted that the appellant's contention that the respondent was a project-affected person and appointed on a temporary basis without selection did not justify termination without inquiry. The court held that the findings of fact were not perverse and no substantial question of law arose. Consequently, the appeal was dismissed, and the order of the Single Judge was upheld.
Headnote
A) Service Law - Termination of Temporary Employee - Illegal Termination - Industrial Disputes Act, 1947 - Sections 2A, 11A - The respondent was appointed as a temporary peon for six months and his services were terminated without any inquiry or reason. The Labour Court and Single Judge held the termination illegal and ordered reinstatement with back wages at Rs.300 per month. The Division Bench upheld the order, finding no perversity in the concurrent findings. (Paras 1-3) B) Service Law - Back Wages - Award of Back Wages - Industrial Disputes Act, 1947 - Section 11A - The Labour Court awarded back wages at Rs.300 per month from the date of termination till reinstatement. The Single Judge confirmed this. The Division Bench found no reason to interfere, as the award was based on evidence and not perverse. (Paras 2-3)
Issue of Consideration
Whether the termination of services of a temporary employee without holding any inquiry is legal and whether the employee is entitled to reinstatement with back wages.
Final Decision
Appeal dismissed. Order of Single Judge upheld. Appellant directed to reinstate respondent within four weeks and pay back wages at Rs.300 per month as awarded by Labour Court.
Law Points
- Termination without inquiry is illegal
- Temporary employee entitled to reinstatement if termination is punitive
- Back wages can be awarded even for temporary employees
