TAPASH KUMAR PAUL Vs. BSNL
LAWS(SC)-2014-1-89
SUPREME COURT OF INDIA
Decided on
January 28,2014
TAPASH KUMAR PAUL
Appellant
VERSUS
BSNL and Anr.
Respondents
Referred Judgements :-
HINDUSTAN TIN WORKS PVT LIMITED VS. EMPI OYEES OF HINDUSTAN TIN WORKS PRIVATE LIMITED [REFERRED TO]SURENDRA KUMAR VERMA VS. CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT NEW DELHI [REFERRED TO]
JAGBIR SINGH VS. HARYANA STATE AGRICULTURE MARKETING BOARD [REFERRED TO]
SENIOR SUPERINTENDENT TELEGRAPH TRAFFIC BHOPAL VS. SANTOSH KUMAR SEAL [REFERRED TO]
DEEPALI GUNDU SURWASE VS. KRANTI JUNIOR ADHYAPAK MAHAVIDYALAYA [REFERRED TO]
Cited Judgements :-
ASSOCIATION OF ENGINEERING WORKERS VS. HINDUSTAN MOTOR MANUFACTURING COMPANY [LAWS(BOM)-2015-5-89] [REFERRED TO]BASANT KUMAR BOHIDAR S/O SHARAD KUMAR BOHIDAR VS. STATE OF CHHATTISGARH [LAWS(CHH)-2016-2-77] [REFERRED]
HITESHBHAI THARUBHAI MANJARIA VS. CONSERVATOR OF FOREST [LAWS(GJH)-2017-11-175] [REFERRED TO]
CHAIRMAN CUM MANAGING DIRECTOR VS. C. R. CHAKRAVARTY [LAWS(MPH)-2020-3-350] [REFERRED TO]
ANANDSWAROOP SHARMA VS. LIFE INSURANCE CORPORATION OF INDIA [LAWS(MPH)-2017-2-230] [REFERRED TO]
LAL JI VS. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL AND ORS. [LAWS(P&H)-2015-12-143] [REFERRED TO]
JETHALAL KARABHAI HUN VS. CHIEF OFFICER [LAWS(GJH)-2022-1-1108] [REFERRED TO]
JASODABEN RAMANBHAI PARMAR VS. SWAMI TEWRAN CHARITABLE TRUST [LAWS(GJH)-2021-3-391] [REFERRED TO]
DY. GENERAL MANAGER VS. GENERAL SECRETARY, DAILY WAGES BANK EMPLOYEES ASSOCIATION [LAWS(MPH)-2016-11-83] [REFERRED TO]
PROJECT OFFICER, I.C.D.S. VS. MOHANLAL KUMHAR [LAWS(MPH)-2017-10-111] [REFERRED TO]
SANDEO HARI, S/O LATE SARJU HARI VS. PRASAR BHARTI BROADCASTING CORPORATION OF INDIA, ALL INDIA RADIO, BHAGALPUR [LAWS(PAT)-2017-9-111] [REFERRED TO]
STATE OF RAJASTHAN VS. UDAI SINGH AND ORS. [LAWS(RAJ)-2015-7-161] [REFERRED TO]
VIRENDRAPRASAD RAMNARAYAN SHUKLA VS. SERVICES AUTO PETROL PUMP [LAWS(GJH)-2021-9-11] [REFERRED TO]
ESDEE PAINTS LIMITED VS. RAMSING RANUSING ZALA [LAWS(GJH)-2021-2-2] [REFERRED TO]
MANAGEMENT OF PUBLIC WORKS DEPARTMENT, RANEBENNUR AND ANOTHER VS. CHIDAMBER N. KULKAMI AND ANOTHER [LAWS(KAR)-2016-9-104] [REFERRED TO]
MADAN SINGH VS. LABOUR COURT, BHATINDA AND ORS. [LAWS(P&H)-2015-12-206] [REFERRED TO]
PASCHIM GUJARAT VIJ CO LTD VS. B. M. JOSHI [LAWS(GJH)-2023-8-824] [REFERRED TO]
BIR CHAND VS. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT, PANIPAT AND ORS. [LAWS(P&H)-2020-3-245] [REFERRED TO]
MAHARASHTRA STATE ROAD TRANSPORT CORPORATION VS. PRAKASH VASANT HARDIKAR [LAWS(BOM)-2024-2-58] [REFERRED TO]
LIFE INSURANCE CORPORATION OF INDIA VS. MANMOD SHANKAR [LAWS(DLH)-2020-6-75] [REFERRED TO]
ARLA GRAM PANCHAYAT THROUGH SARPANCH VS. SHANTILAL MULJIBHAI GORICHI [LAWS(GJH)-2022-2-195] [REFERRED TO]
U. P. S. R. T. C. VS. LABOUR COURT FAIZABAD [LAWS(ALL)-2019-5-255] [REFERRED TO]
DHARM AVTAR SRIVASTAVA VS. DISTRICT JUDGE UNNAO [LAWS(ALL)-2018-8-194] [REFERRED TO]
MOHAMMAD RAFIQUE MOHAMMAD YASIN SHAIKH VS. GUJARAT JAL SAMPATI VIKAS NIGAM LTD. [LAWS(GJH)-2021-1-349] [REFERRED TO]
ARUN KUMAR DIXIT VS. SCINDIA KANYA VIDHYALAY [LAWS(MPH)-2019-2-45] [REFERRED TO]
REGIONAL MANAGER VS. ANURAG SHARMA [LAWS(MPH)-2020-1-237] [REFERRED TO]
BASANTA KUMAR DAS VS. GOVERNING BODY OF TARATARINI COLLEGE AND ORS. [LAWS(ORI)-2016-2-34] [REFERRED TO]
EXECUTIVE ENGINEER, PWD (B&R) PROVINICIAL DIVISION, BRANCH BHIWANI AND ORS. VS. NIRMALA AND ORS. [LAWS(P&H)-2015-10-213] [REFERRED TO]
DISTRICT FOOD AND SUPPLIES CONTROLLER, PALWAL VS. RAJESH & ANR [LAWS(P&H)-2015-9-674] [REFERRED]
B. NARAPPA ALIAS NAGENDRA VS. PRAGATI GRAMEENA BANK (FORMERLY KNOWN AS TUNGABHADRA GRAMINA BANK), BALLARY [LAWS(KAR)-2016-12-75] [REFERRED TO]
BHAJANLAL AND ORS. VS. CONSERVATOR OF FOREST AND ORS. [LAWS(MPH)-2018-10-168] [REFERRED TO]
DHANERA NAGARPALIKA VS. RASULKHAN RAMZANKHAN BALOCH [LAWS(GJH)-2021-7-38] [REFERRED TO]
RANA RAHMAN VS. SACHIV MADHYAMIK SHIKSHA MANDAL [LAWS(MPH)-2016-10-9] [REFERRED TO]
M. ELIZABETH VS. MOTHER SUPERIOR ST.MARYS ENGLISH MEDIUM SCHOOL [LAWS(KER)-2017-1-134] [REFERRED TO]
BLOCK DEVELOPMENT AND PANCHAYAT OFFICER, UT, CHANDIGARH VS. PRESIDING OFFICER, LABOUR COURT, UT, CHANDIGARH AND ORS. [LAWS(P&H)-2015-12-131] [REFERRED TO]
THE CHIEF EXECUTIVE, CHILIKA DEVELOPMENT AUTHORITY VS. SRI GIRIJA PRASAD SAHOO [LAWS(ORI)-2016-11-113] [REFERRED TO]
DIVISIONAL MANAGER, ORISSA FOREST DEVELOPMENT CORPORATION LTD. VS. RANJIT KUMAR MOHANTY AND ORS. [LAWS(ORI)-2016-4-31] [REFERRED TO]
CHIEF EXECUTIVE, CHILIKA DEVELOPMENT AUTHORITY VS. SRI RABINDRA KUMAR MOHAPATRA [LAWS(ORI)-2016-9-120] [REFERRED TO]
HIRABHAI BHAGVANBHAI CHAVDA VS. PASCHIM GUJARAT VIJ CO LTD [LAWS(GJH)-2018-10-189] [REFERRED TO]
GORDHANBHAI DHAMABHAI PATEL VS. DEPUTY RANGE FOREST OFFICER [LAWS(GJH)-2023-6-1090] [REFERRED TO]
MAHANADI COALFIELDS LTD., TALCHER AREA VS. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL AND OTHERS [LAWS(ORI)-2016-9-23] [REFERRED TO]
WATER RESOURCES DEPARTMENT ENGINEER VS. MANHARAN [LAWS(MPH)-2016-7-57] [REFERRED TO]
MANGILAL JATAV VS. CHIEF GENERAL MANAGER [LAWS(MPH)-2018-2-223] [REFERRED TO]
RAJU BARMAN VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2017-9-193] [REFERRED TO]
STATE OF MADHYA PRADESH VS. VIKRANT VERMA [LAWS(MPH)-2020-1-205] [REFERRED TO]
MAGHAR DASS VS. INDUSTRIAL TRIBUNAL PATIALA & ORS. [LAWS(P&H)-2015-12-583] [REFERRED TO]
VIJAY KUMAR VS. PRESIDING OFFICER AND ORS. [LAWS(P&H)-2015-10-62] [REFERRED TO]
DR. HARBIR SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2016-4-209] [REFERRED TO]
SALIMUDDIN VS. THE STATE OF MAHARASHTRA AND ORS. [LAWS(BOM)-2015-3-330] [REFERRED TO]
BHUBANESWAR MUNICIPAL CORPORATION VS. BHARAT CH. SAHOO AND ANOTHER [LAWS(ORI)-2016-8-44] [REFERRED TO]
SHAMIM BANO VS. THE MANAGER [LAWS(MPH)-2017-4-59] [REFERRED TO]
SHAPUR GRAM PANCHAYAT VS. HARSUKHBHAI HIRABHAI FALDU [LAWS(GJH)-2021-7-282] [REFERRED TO]
NOVARTIS INDIA LIMITED VS. VIPIN SHRIVASTAVA [LAWS(MPH)-2016-12-28] [REFERRED TO]
NATWARSINH VIRSINH KOLI VS. DEPUTY RANGE FOREST OFFICER [LAWS(GJH)-2023-6-1510] [REFERRED TO]
STATE OF U P THRU EXECUTIVE ENGINEER VS. PRESIDING OFFICER, AND ANOTHER [LAWS(ALL)-2016-10-25] [REFERRED]
KULDEEP SINGH VS. PRESIDING OFFICER, LABOUR COURT, PANIPAT [LAWS(P&H)-2017-2-55] [REFERRED TO]
CAPARO MARUTI LTD. VS. P.O. INDUSTRIAL TRIBUNAL [LAWS(P&H)-2019-9-261] [REFERRED TO]
MANAGING DIRECTOR, ORISSA FOREST DEVELOPMENT CORPORATION LTD , BHUBANESWAR VS. ARUN KUMAR SWAIN & TWO OTHERS [LAWS(ORI)-2017-12-82] [REFERRED TO]
GENERAL MANAGER, I.D.C.O. VS. PRESIDING OFFICER, LABOUR COURT AND OTHERS [LAWS(ORI)-2016-8-17] [REFERRED TO]
DINESH KUMAR VS. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT AND ORS. [LAWS(P&H)-2015-9-204] [REFERRED TO]
THE CIVIL SURGEON, CH. BANSI LAL, CIVIL HOSPITAL, BHIWANI VS. NIRMLA AND ORS. [LAWS(P&H)-2015-9-164] [REFERRED TO]
CHIEF OFFICER VS. HASMUKH BHAGVANJI KHODIA [LAWS(GJH)-2021-7-405] [REFERRED TO]
COMMANDING OFFICER VS. KAMUBEN RATILAL [LAWS(GJH)-2021-7-279] [REFERRED TO]
CHIEF MEDICAL OFFICER, GENERAL HOSPITAL, BHIWANI AND ORS. VS. VIJAY KUMAR AND ORS. [LAWS(P&H)-2015-10-132] [REFERRED TO]
PRAHLAD BHAGAT VS. PRESIDING OFFICER [LAWS(P&H)-2014-8-126] [REFERRED TO]
UNIVERSITY OF RAJASTHAN, J.L.N., MARG, JAIPUR VS. SHRI TRILOK SINGH [LAWS(RAJ)-2016-9-9] [REFERRED TO]
MUNICIPAL CORPORATION, JABALPUR VS. MANOJ PATEL [LAWS(MPH)-2017-1-86] [REFERRED TO]
DILEEP KUMAR SHARMA VS. UCO BANK [LAWS(MPH)-2021-2-53] [REFERRED TO]
STATE OF GUJARAT VS. H.R. TAILOR [LAWS(GJH)-2015-8-24] [REFERRED TO]
NARENDRAKUMAR NARSINHBHAI VANKAR VS. MEDICINAL & AROMATIC PLANTS [LAWS(GJH)-2016-4-356] [REFERRED TO]
AIRPORT AUTHORITY OF INDIA VS. PURAN CHAND & OTHERS [LAWS(DLH)-2019-12-234] [REFERRED TO]
THAKOR SHIVAJI KANAJI VS. WATER SUPPLY AND SEWERAGE BOARD [LAWS(GJH)-2023-7-3] [REFERRED TO]
RANVEER SINGH VS. PUNJAB NATIONAL BANK AND 2 OTHERS [LAWS(ALL)-2017-11-106] [REFERRED TO]
JUDGEMENT
-
(1.)Leave granted.
(2.)This appeal has been preferred by the Appellant who succeeded in getting an order of reinstatement in his favour by the Central Government Industrial Tribunal at Calcutta in Reference No. 27 of 1997 dated 13th May, 2002, by which the order of reinstatement was passed in his favour. However, the Tribunal declined to grant back wages to the Appellant except Rs. 20,000/- to be paid by the Respondent as compensation towards back wages. This Award was passed by the Tribunal since the Management had failed to produce relevant documents to disclose the actual number of days for which Appellant has worked and so his termination was held to be in violation of Section 25F of the Industrial Disputes Act, 1947.
(3.)The Respondent-Management of the BSNL, however, appealed against the Award passed by the Tribunal by way of a Writ Petition in the High Court before the Single Judge whereby the learned Single Judge affirmed the Award passed by the Tribunal and dismissed the writ petition filed by the Respondent-Management. The Respondent was not satisfied with the order passed by the Single Judge and refused to give effect to the Award in favour of the Appellant and preferred a further appeal before the Division Bench.
(2.)This appeal has been preferred by the Appellant who succeeded in getting an order of reinstatement in his favour by the Central Government Industrial Tribunal at Calcutta in Reference No. 27 of 1997 dated 13th May, 2002, by which the order of reinstatement was passed in his favour. However, the Tribunal declined to grant back wages to the Appellant except Rs. 20,000/- to be paid by the Respondent as compensation towards back wages. This Award was passed by the Tribunal since the Management had failed to produce relevant documents to disclose the actual number of days for which Appellant has worked and so his termination was held to be in violation of Section 25F of the Industrial Disputes Act, 1947.
(3.)The Respondent-Management of the BSNL, however, appealed against the Award passed by the Tribunal by way of a Writ Petition in the High Court before the Single Judge whereby the learned Single Judge affirmed the Award passed by the Tribunal and dismissed the writ petition filed by the Respondent-Management. The Respondent was not satisfied with the order passed by the Single Judge and refused to give effect to the Award in favour of the Appellant and preferred a further appeal before the Division Bench.
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