Case Note & Summary
The case involves an appeal filed by Hindustan Aeronautics Limited (HAL) and its officer against an order of a learned Single Judge of the Karnataka High Court. The learned Single Judge had allowed writ petitions filed by 15 workmen, setting aside their termination and directing their reinstatement with continuity of service and back wages. The workmen were employed by HAL on a temporary basis and had worked for more than 240 days in the preceding 12 months. Their services were terminated without any notice or payment of compensation as required under Section 25-F of the Industrial Disputes Act, 1947. The workmen challenged the termination before the Labour Court, which rejected their claim. They then filed writ petitions before the High Court. The learned Single Judge held that the termination was illegal as the mandatory provisions of Section 25-F were not complied with. The court also held that the workmen had completed 240 days of continuous service and were entitled to the protection under Section 25-F. The court directed reinstatement with continuity of service and back wages. HAL appealed against this order. The Division Bench of the High Court dismissed the appeal, upholding the order of the learned Single Judge. The court held that the termination was illegal and the workmen are entitled to reinstatement with continuity of service and back wages. The court also held that the workmen had completed 240 days of continuous service and were entitled to the protection under Section 25-F of the Industrial Disputes Act, 1947.
Headnote
A) Industrial Law - Illegal Termination - Section 25-F of the Industrial Disputes Act, 1947 - Reinstatement - The workmen were terminated without complying with the mandatory provisions of Section 25-F of the Industrial Disputes Act, 1947. The court held that the termination was illegal and the workmen are entitled to reinstatement with continuity of service and back wages. (Paras 1-15) B) Industrial Law - Continuous Service - Section 25-B of the Industrial Disputes Act, 1947 - The workmen had completed 240 days of continuous service in the preceding 12 months. The court held that they are entitled to the protection under Section 25-F of the Industrial Disputes Act, 1947. (Paras 1-15)
Issue of Consideration
Whether the termination of the workmen by Hindustan Aeronautics Limited without complying with Section 25-F of the Industrial Disputes Act, 1947 is legal and whether the workmen are entitled to reinstatement with continuity of service and back wages.
Final Decision
The Division Bench dismissed the appeal and upheld the order of the learned Single Judge directing reinstatement of the workmen with continuity of service and back wages.
Law Points
- Termination of workmen without complying with Section 25-F of the Industrial Disputes Act
- 1947 is illegal
- Reinstatement with continuity of service and back wages is the normal relief for illegal termination
- Workmen who have completed 240 days of continuous service are entitled to protection under Section 25-F
