Case Note & Summary
The petitioners, the Executive Engineer and the State of Maharashtra, challenged four separate judgments of the Labour Court dated 02/11/1993 in Reference (IDA) No. 30/1991, 19/1989, 44/1989, and 16/1989. The Labour Court had ordered reinstatement of the respondent workmen with continuity of service and back wages. The workmen were engaged as unskilled daily rated workers for the construction of the Mor dam, which stopped in May 1987. The petitioners argued that the workmen failed to prove 240 days of continuous employment, which is a prerequisite for protection under Section 25-F of the Industrial Disputes Act, 1947. The High Court noted that the burden of proof lies on the workmen, but the Labour Court's finding of fact that the workmen had completed 240 days was based on evidence and could not be termed perverse. However, the High Court found that the workmen had not actually worked for 240 days continuously, as the project was seasonal and the workmen were engaged only when work was available. Therefore, while upholding the reinstatement and continuity of service, the High Court set aside the award of back wages. The petitions were partly allowed, and the impugned judgments were modified accordingly.
Headnote
A) Industrial Disputes Act, 1947 - Section 25-F - Burden of Proof - Continuous Employment - The burden of proving 240 days of continuous service lies on the workmen. However, the Labour Court's finding of fact based on evidence cannot be interfered with in writ jurisdiction unless perverse. (Paras 6-8) B) Industrial Disputes Act, 1947 - Section 25-F - Reinstatement - Daily Wage Workers - Reinstatement with continuity of service and back wages was ordered by the Labour Court for workmen engaged in construction of a dam. The High Court upheld the reinstatement but set aside the back wages due to the workmen's failure to prove continuous employment. (Paras 8-9)
Issue of Consideration
Whether the Labour Court erred in ordering reinstatement with continuity of service and back wages when the workmen failed to prove 240 days of continuous employment.
Final Decision
The writ petitions are partly allowed. The impugned judgments of the Labour Court are modified. The order of reinstatement with continuity of service is upheld, but the award of back wages is set aside.
Law Points
- Burden of proof
- continuous employment
- 240 days
- daily wage workers
- reinstatement
- back wages
- writ jurisdiction
- Industrial Disputes Act
- 1947
