JUDGEMENT
C.A. Jadhav, Member -
(1.)THESE Revision are arised of a judgment and order passed in Complaint (ULP) No. 569 of 1992, by the Labour Court, Kolhapur, whereby it directed an employer to reinstate its employee with continuity of service but without back wages. Revision (ULP) No. 433 of 1995 is preferred by the employee challenging refusal of back wages whereas Revision (ULP) No. 442 of 1995 is preferred by the employer challenging reinstatement.
(2.)ADMITTEDLY , Petitioner of Revision (ULP) No. 433 of 1955 who is Respondent of Revision (ULP) No. 442/95 (hereinafter referred to as the Complainant) was appointed as a 'Choukidar' by Respondent -Executive Engineer of Revision (ULP) No. 442/95 who is Petitioner of Revision (ULP) No. 442/95 (hereinafter referred to as the Executive Engineer). The Complainant was appointed on Regular Temporary establishment for 30 days i.e. 12th January 1987 to 10th February 1987. He was appointed in same fashion for a period of 60 days from 12th February 1987 to 12th April 1987. Then from 15th April 1987 to 14th June 1987 and then from time to time. He then worked till 31st March 1989.
It is case of the Complainant that no appointment orders were issued after 14th August 1987 but his name was entered on the muster roll. Concerned Deputy Engineer has made Report dated 12th October 1992 to the Executive Engineer about his working days. Said Report says that he has worked for 240 days in a calendar year. He was orally terminated from 31st March 1989 without notice, notice pay and retrenchment compensation. The Executive Engineer then promised to re -employ him but failed. In fact, his termination without complying provisions of section 25F of Industrial Dispute Act is bad in law.
(3.)IT is further case of the Complainant that the Deputy Engineer has not published seniority list. He was appointed on a vacant post and sufficient work is still available. Therefore, his termination is contrary to Sec. 25(G) of the Industrial Dispute Act and an unfair labour practice.
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.