Case Note & Summary
The petitioners, employees of Punjabrao Krishi Vidyapeeth, Akola (Respondent No.2), filed a writ petition under Article 226 of the Constitution of India challenging their termination from service. The petitioners were daily-wage employees who had worked for varying periods, some for more than 240 days in a calendar year. Their services were terminated without any prior notice, without holding any inquiry, and without compliance with Section 25F of the Industrial Disputes Act, 1947, which mandates payment of retrenchment compensation and notice. The petitioners contended that the termination was illegal and violative of principles of natural justice. The respondents argued that the petitioners were daily-wage employees and their services were terminated due to lack of work. The court analyzed the provisions of Section 25F of the Industrial Disputes Act, 1947 and the principles of natural justice. The court held that the termination of the petitioners' services without compliance with Section 25F and without any inquiry was illegal and unsustainable. The court directed the respondents to reinstate the petitioners with continuity of service and 50% back wages. The writ petition was allowed.
Headnote
A) Service Law - Retrenchment - Section 25F of Industrial Disputes Act, 1947 - Termination of daily-wage employees without notice or compensation - Petitioners were daily-wage employees of Respondent No.2 University whose services were terminated without any inquiry or compliance with Section 25F of the Industrial Disputes Act, 1947 - Court held that such termination is illegal and violative of principles of natural justice - Respondents directed to reinstate petitioners with continuity of service and 50% back wages (Paras 1-10).
Issue of Consideration
Whether the termination of the petitioners' services without compliance with Section 25F of the Industrial Disputes Act, 1947 and without holding any inquiry is legal and valid.
Final Decision
The writ petition is allowed. The respondents are directed to reinstate the petitioners with continuity of service and 50% back wages.
Law Points
- Termination of daily-wage employees without compliance with Section 25F of the Industrial Disputes Act
- 1947 is illegal
- Principles of natural justice require an inquiry before termination
- Retrenchment without notice or compensation is void
Case Details
2006 LawText (BOM) (06) 112
Writ Petition No. 2750 of 1990
P.V. Kakade, B.P. Dharmadhikari
Shri R.L. Khapre for petitioners, Smt. S.S. Wandile for respondent No.1, Smt. U.A. Patil for respondent No.2
Virendra Shankarrao Gonge and others
State of Maharashtra and another
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Nature of Litigation
Writ petition under Article 226 of Constitution of India challenging termination of services of daily-wage employees.
Remedy Sought
Petitioners sought reinstatement with continuity of service and back wages.
Filing Reason
Termination of petitioners' services without compliance with Section 25F of Industrial Disputes Act, 1947 and without holding any inquiry.
Issues
Whether the termination of the petitioners' services without compliance with Section 25F of the Industrial Disputes Act, 1947 is legal?
Whether the termination without holding any inquiry violates principles of natural justice?
Submissions/Arguments
Petitioners argued that their termination was illegal as no notice or compensation was given as required under Section 25F of the Industrial Disputes Act, 1947, and no inquiry was held.
Respondents contended that the petitioners were daily-wage employees and their services were terminated due to lack of work.
Ratio Decidendi
Termination of daily-wage employees without compliance with Section 25F of the Industrial Disputes Act, 1947 and without holding any inquiry is illegal and violative of principles of natural justice. Such termination is unsustainable and the employees are entitled to reinstatement with continuity of service and back wages.
Judgment Excerpts
By this writ petition filed under Article 226 of Constitution of India, the petitioners – employees of Respondent No.2 – Punjabrao Krishi Vidyapeeth, working as daily-wage employees, have challenged their termination from service.
The termination of the petitioners' services without compliance with Section 25F of the Industrial Disputes Act, 1947 and without holding any inquiry is illegal and unsustainable.
Procedural History
The petitioners filed Writ Petition No. 2750 of 1990 before the High Court of Judicature at Bombay, Nagpur Bench, challenging their termination. The court heard the matter and delivered judgment on June 21, 2006.
Acts & Sections
- Constitution of India: Article 226
- Industrial Disputes Act, 1947: Section 25F
