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Civil · Reportable judgment

Mohd. Ali vs State of H.P. and Others

Court
Supreme Court of India
Date
16 April 2018
Case No.
Civil Appeal No. 3803 of 2018
Result
Dismissed
Bench
R.K. Agrawal, S. Abdul Nazeer
Citation
[2018] 6 S.C.R. 727 : 2018 INSC 346
Supreme Court Reports [2018] 6 S.C.R. 727 : 2018 INSC 346
Headnote

Industrial Disputes Act, 1947 – s. 25F – Condition precedent to retrenchment – Appellant was engaged as casual labour in the agriculture farm on muster roll basis – He worked there from 1980 to 1991 and completed 240 days in a calendar year, during the years 1980, 1981, 1982 and 1986 to 1989 – Respondent-State case was that thereafter in 1991 he abandoned the work without informing and never returned to work – In 2005, appellant made representation before the State u/s. 10 – Pursuant thereto, the State made reference to the Industrial Tribunal-cum-Labour Court, which gave the award and directed the respondent-State to reinstate the appellant in service with seniority and continuity while denying back wages – Writ petition filed by the respondent-State – Award set aside by the High Court – Held: It is an admitted position that though the appellant worked from 1980 to 1991 and completed 240 days in a calendar year, during the years 1980, 1981, 1982 and 1986 to 1989 but he worked only for 195 days in the year 1990 and 19.5 days in the immediate preceding year of his dismissal which is below the required 240 days of working in the period of 12 calendar months preceding the date of dismissal, therefore, he is not entitled to take the benefits of the provisions of s.25F of the Act – High Court was right in setting aside the award passed by Tribunal.

Industrial Disputes Act, 1947 – Enactment of the Act – Object of.

Dismissing the appeal, the Court

Read the full headnote (4 more paragraphs)

HELD: 1. The Industrial Disputes Act is a welfare legislation. The intention behind its enactment was to protect the employees from arbitrary retrenchments. For this reason only, in a case of retrenchment of an employee who has worked for a year or more, Section 25F provides a safeguard in the form of giving one month’s prior notice indicating the reasons for retrenchment to the employee and also provides for wages for the period of notice. Section 25B of the Act provides that when a person can be said to have worked for one year and the very reading of the said provisions makes it clear that if a person has worked for a period of 240 days in the last preceding year, he is deemed to have worked for a year. The theory of 240 days for continuous service is that a workman is deemed to be in continuous service for a period of one year, if he, during the period of twelve calendar months preceding the date of retrenchment has actually worked under the employer for not less than 240 days. [Para 9] [733-C-E]

2. Though the appellant worked as such till 1991 under different work/schemes i.e. Rabi and Kharif and completed 240 days in a calendar year only during the years 1980, 1981, 1982 and 1986 to 1989 but he worked only for 195 days in the year 1990 and 19.5 days in the immediate preceding year of his dismissal which is below the required 240 days of working in the period of 12 calendar months preceding the date of dismissal, therefore, he is not entitled to take the benefits of the provisions of Section 25F of the Act. [Para 12] [737-G] Surendra Kumar Verma and Others v. Central

Government Industrial Tribunal-Cum-Labour Court, New Delhi and Another (1980) 4 SCC 443 : [1981] 1 SCR 789 ; Mohan Lal v. Management of M/s Bharat Electronics Limited (1981) 3 SCC 225 : [1981] 3 SCR

518 – relied on.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by R. K. AGRAWAL J. 1. Leave granted. 2. The present appeal has been filed against the impugned judgment and order dated 18.11.2014 passed by the Division Bench of the High Court of Himachal Pradesh at Shimla in LPA No. 209 of 2011 whereby the High Court dismissed the appeal filed by the appellant herein against the judgment and order dated 07.07.2010 passed by learned single Judge in CWP No. 3761 of 2009. 3. Brief Facts:(a) Mohd. Ali-the appellant herein was engaged as Casual Labourer in the Agriculture Seed Multiplication Farm Bhagni, Dist. Sirmor,
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