M.P. State Civil Supplies ... vs Hiralal Yadav
2021 Latest Caselaw 8696 MP

                                    1                                 WP-8662-2014
        The High Court Of Madhya Pradesh
                  WP No. 8662 of 2014
       (M.P. STATE CIVIL SUPPLIES CORPORATION LTD AND OTHERS Vs HIRALAL YADAV)


Jabalpur, Dated : 13-12-2021
      Shri Shobihitaditya, learned counsel for the petitioners.

      Shri Rajesh Kumar Tiwari, learned counsel for the respondent.

Petitioners have filed this writ petition challenging order dated 04.09.2013 contained in Annexure-P/7.

Respondent namely Hiralal Yadav was engaged as Tulawati on daily

wages by order dated 05.05.1998. Services of respondent was terminated vide order dated 16.04.2001. Case of respondent was referred to Labour Court Bhopal to answer the question "whether retrenchment of workman was valid and if not valid then respondent is entitled to what relief?"

Learned Labour Court after considering depositions of Hiralal/applicant therein and R.K. Shrivastava/non-applicant No.1 and documents Ex-D/3 to Ex-D/46 held that applicant regularly worked as "daily wager" between 05.05.1998 to 16.04.2001 and he was continuously worked for 240 days in one calendar year before 16.04.2001. Retrenchment of

workman was held invalid as same was in violation of Section 25-F of the Industrial Disputes Act, 1947. Respondent was found to be employed after retrenchment, therefore, he was reinstated without back wages.

Award dated 04.09.2013 is under challenge on the ground that respondent was a casual worker. Respondent did not work continuously for period of 240 days in one calender year. Petitioner had complied with provision of Section 25-F of ID Act i.e. principle of last come first go. In view of above award passed by Labour Court be quashed.

Learned counsel appearing for respondent supported the award passed by learned Labour Court.

Heard the counsel for the parties.

Petitioner has relied on judgment reported in AIR 2014 SC 1848, 2010 STPL 20450 SC, AIR 2019 SC (Supp) 1192 and AIR 2006 SC 2 WP-8662-2014 2682.

Apex Court in case of Hari Nandan Prasad and Another Vs. Employer I/R to Management of FCI reported in AIR 2014 SC 1848 held that when termination is found illegal because of non payment of retrenchment compensation and notice as mandatorily required in Section 25-F of ID Act,

even after reinstatement, it is always open to management to terminate the services of that employee by paying him the retrenchment compensation. Since workman was working on daily wage basis and even after he is reinstated he has no right to seek regularization. When daily wager cannot claim regularization he has no right to continue even as daily wage worker and no useful purpose is going to be served in reinstating such workman and he can be given monetary compensation by Court. Giving relief of reinstatement after long gap would not serve any purpose.

In case of Incharge Officer and another Vs. Shankar Shetty reported in 2010 STPL 20450 SC, Apex Court held that when termination is held to be illegal for not complying with the provision of Section 25-F of I.D. Act, relief of reinstatement after long gap may not be ordered. In case of Superintending Engineer, TWAD Board Vs. M. Natesan reported in AIR 2019 SC (Supp) 1192, Apex Court disposed of the appeal giving direction of payment of 50% back wages from date of termination up to the order of Labour Court and 50% of back wages payable as per schedule rates from date of termination till the date of crossing of age limit or death.

Considering aforesaid facts and circumstances of the case and also law laid down by Apex Court, writ petition filed by petitioner is disposed of with direction to petitioners to pay respondent 50% back wages from date of his termination till the date of order of Labour Court and thereafter pay 50% of the back wages admissible to the respondent till date of his retirement age. Said amount be treated as compensation to be given to the respondent for his illegal retrenchment.

With aforesaid direction, writ petition is partly allowed and disposed 3 WP-8662-2014 of.

(VISHAL DHAGAT) JUDGE

shabana Digitally signed by SUNIL KUMAR PATEL Date: 2021.12.17 14:37:15 +05'30'