Bharat Sanchar Nigam
Ltd. Vs. Man Singh
Bharat Sanchar Nigam
Ltd. Vs. Mani Ram
Bharat Sanchar Nigam
Ltd. Vs. Sewa Ram
O R D E R
1.
Delay
condoned. Leave granted.
2.
We
have heard the learned counsel for the parties.
3.
The
respondents workmen worked with the appellant as casual labourers on daily
wages during the year 1984-85. Due to non-availability of work, their services
were terminated in the year 1986. No notice or retrenchment compensation was given
to them before terminating their services. After about five years, they raised an
industrial dispute in the year 1991. The appropriate Government referred the dispute
to the Labour Court for adjudication. The Labour Court vide its award dated 27.5.2005
ordered reinstatement of the respondents-workmen on the same post which they
were holding at the time of their termination.
4.
The
award of reinstatement passed by the Labour Court was challenged by the Department
by filing writ petitions before the High Court. The High Court after hearing
the learned counsel for the parties and going through the records of this case,
dismissed the writ petitions filed by the Department. The appellant is thus
before this Court.
5.
This
Court in a catena of decisions has clearly laid down that although an order of retrenchment
passed in violation of Section 25-F of the Industrial Disputes Act may be set
aside but an award of reinstatement should not be passed. This Court has distinguished
between a daily wager who does not hold a post and a permanent employee.
6.
In
view of the aforementioned legal position and the fact that the respondents - workmen
were engaged as 'daily wagers' and they had merely worked for more than 240 days,
in our considered view, relief of reinstatement cannot be said to be justified and
instead, monetary compensation would meet the ends of justice.
7.
Accordingly,
the impugned judgment passed by the High Court as also the award dated 27.5.2005
passed by the Labour Court are set aside. We direct the appellant Bharat
Sanchar Nigam Ltd. to pay Rs.2 lakhs to each of the respondents in full and
final settlement of their claim, within six weeks from today. In case the
payment is not made within the aforementioned stipulated time, the amount shall
carry interest at the rate of 12% per annum.
8.
These
appeals are accordingly allowed to the aforesaid extent. The parties are directed
to bear their own costs.
.....................J.
(DALVEER BHANDARI)
.....................J.
(DIPAK MISRA)
New
Delhi;
October
14, 2011.
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