Case Note & Summary
The State of Maharashtra filed a writ petition challenging the judgment and award dated 27/06/1997 of the Labour Court in Reference (IDA) No. 25/1988, which partly allowed the claim of the respondent, Shri Ramnath Nivrutti Khedkar, granting him continuity of service from 01/07/1988 without back wages. The respondent had claimed reinstatement with continuity and full back wages from 01/09/1986, alleging that he was a daily wage worker who had worked intermittently in different spells, including under the Employment Guarantee Scheme (EGS). The State, in its written statement, admitted that the respondent had worked intermittently, specifying periods: 55 days between 01/10/1982 and 07/12/1982, 197 days between 02/01/1983 and 31/12/1983, and 46 days in another period. The Labour Court found that the respondent was denied work after 01/07/1988 and granted continuity of service from that date, but denied back wages. The High Court, hearing the State's petition, noted that the respondent appeared in person and was unable to engage a lawyer due to paucity of funds, so an amicus curiae was appointed. The court considered the submissions and found that the Labour Court's award was not perverse or erroneous in law. The High Court observed that the respondent had not challenged the denial of back wages, and the State's challenge was limited to the grant of continuity. The court held that the Labour Court had correctly exercised its discretion under Section 11A of the Industrial Disputes Act, 1947, and dismissed the writ petition, upholding the award.
Headnote
A) Industrial Disputes Act, 1947 - Section 10(1) - Reference - Intermittent Employment - Daily Wage Worker - The respondent claimed reinstatement with continuity and full back wages from 01/09/1986, having worked intermittently in different spells including under EGS. The Labour Court partly allowed the reference granting continuity of service from 01/07/1988 without back wages. The High Court upheld the award, finding no perversity or error of law. (Paras 1-8) B) Industrial Disputes Act, 1947 - Section 11A - Relief - Back Wages - The Labour Court denied back wages to the respondent, which was not challenged by the respondent. The High Court held that the denial of back wages was justified given the intermittent nature of employment. (Paras 5-8)
Issue of Consideration
Whether the Labour Court was justified in granting continuity of service without back wages to a daily wage worker who worked intermittently.
Final Decision
The High Court dismissed the writ petition, upholding the Labour Court's award dated 27/06/1997 granting continuity of service from 01/07/1988 without back wages.
Law Points
- Intermittent employment
- daily wage worker
- continuity of service
- back wages
- Labour Court award
- writ petition
- amicus curiae
