Case Note & Summary
The petitioner, Yenkappa, was employed as a Mechanic Labour by the respondent, Rajashree Cements Factory, in lieu of land acquired from him. He was terminated from service without any enquiry and without compliance with Section 25F of the Industrial Disputes Act, 1947. The Labour Court, Gulbarga, in KID No.157/2011, set aside the termination and ordered reinstatement with full back wages, continuity of service, and consequential benefits. The employer challenged this award by way of a writ petition under Articles 226 and 227 of the Constitution of India. The High Court of Karnataka at Kalaburagi, after hearing both sides, held that the termination was illegal as no enquiry was conducted and Section 25F was not complied with. The court found that the Labour Court's award was based on evidence and was not perverse. The writ petition was dismissed, and the Labour Court's award was upheld. The court directed the employer to reinstate the petitioner with full back wages, continuity of service, and all consequential benefits within eight weeks.
Headnote
A) Industrial Disputes Act, 1947 - Section 25F - Retrenchment - Compliance mandatory - The employer failed to comply with Section 25F before terminating the workman, rendering the termination illegal - Held that non-compliance with Section 25F vitiates the retrenchment (Paras 5-6).
B) Industrial Disputes Act, 1947 - Section 11A - Reinstatement with back wages - Labour Court's discretion - The Labour Court, after setting aside the termination, ordered reinstatement with full back wages and continuity of service - Held that the Labour Court's award is just and proper, and no interference is warranted (Paras 7-8).
C) Constitution of India - Articles 226 and 227 - Writ jurisdiction - Scope of interference - The High Court in writ jurisdiction cannot re-appreciate evidence unless the findings are perverse or based on no evidence - Held that the Labour Court's findings are based on evidence and are not perverse (Para 9).
Issue of Consideration
Whether the Labour Court was justified in ordering reinstatement with full back wages and continuity of service after setting aside the termination of the petitioner who was dismissed without any enquiry and without compliance of Section 25F of the Industrial Disputes Act, 1947.
Final Decision
The writ petition is dismissed. The award of the Labour Court, Gulbarga, in KID No.157/2011 dated 12.06.2012 is upheld. The respondent is directed to reinstate the petitioner with full back wages, continuity of service, and all consequential benefits within eight weeks from the date of receipt of a copy of this order.
Law Points
- Termination without enquiry is illegal
- Section 25F of Industrial Disputes Act
- 1947 requires compliance before retrenchment
- Labour Court has jurisdiction to grant reinstatement with back wages
- Writ Court cannot re-appreciate evidence unless perverse.
Case Details
2023 LawText (KAR) (06) 8
Writ Petition No. 86400 of 2012 (L-TER)
Sri. P. Vilaskumar, Senior Counsel for Sri. Nitesh Padiyal, Advocate (for petitioner); Sri. Sachin M. Mahajan, Advocate (for respondent)
The Rajashree Cements Factory
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging the award of the Labour Court, Gulbarga, in KID No.157/2011 dated 12.06.2012.
Remedy Sought
Petitioner sought setting aside of the Labour Court award and order for reinstatement with full back wages, continuity of service, and consequential benefits.
Filing Reason
The petitioner was terminated from service without any enquiry and without compliance of Section 25F of the Industrial Disputes Act, 1947.
Previous Decisions
The Labour Court, Gulbarga, in KID No.157/2011 dated 12.06.2012, set aside the termination and ordered reinstatement with full back wages, continuity of service, and consequential benefits.
Issues
Whether the termination of the petitioner was illegal for want of enquiry and non-compliance of Section 25F of the Industrial Disputes Act, 1947?
Whether the Labour Court was justified in ordering reinstatement with full back wages and continuity of service?
Submissions/Arguments
Petitioner argued that he was employed as a Mechanic Labour in lieu of land acquired, and his termination was without any enquiry and without compliance of Section 25F of the Industrial Disputes Act, 1947.
Respondent argued that the petitioner was not a workman and that the termination was justified.
Ratio Decidendi
Termination of a workman without holding any enquiry and without compliance of Section 25F of the Industrial Disputes Act, 1947 is illegal. The Labour Court has the jurisdiction to order reinstatement with full back wages and continuity of service in such cases. The High Court in writ jurisdiction under Articles 226 and 227 cannot interfere with the findings of the Labour Court unless they are perverse or based on no evidence.
Judgment Excerpts
The petitioner claims to be the land owner who was employed by the respondent-employer in its cement factory as a Mechanic Labour in lieu of the land belonging to the petitioner being acquired.
The Labour Court after considering the evidence on record came to the conclusion that the termination of the petitioner was illegal as no enquiry was conducted and Section 25F of the Industrial Disputes Act was not complied with.
The Labour Court has rightly exercised its discretion in ordering reinstatement with full back wages and continuity of service.
Procedural History
The petitioner was terminated from service. He raised an industrial dispute which was referred to the Labour Court, Gulbarga, and registered as KID No.157/2011. The Labour Court passed an award on 12.06.2012 setting aside the termination and ordering reinstatement with full back wages and continuity of service. The respondent employer challenged this award by filing Writ Petition No. 86400 of 2012 before the High Court of Karnataka, Kalaburagi Bench. The High Court reserved orders on 25.05.2023 and pronounced the judgment on 08.06.2023 dismissing the writ petition.
Acts & Sections
- Industrial Disputes Act, 1947: 25F, 11A
- Constitution of India: 226, 227
