CHIEF GENERAL MANAGER, STATE BANK OF INDIA Vs. CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT AND ORS.

JUDGEMENT

(1.) The instant intra-court appeal arises from the order dated 12.12.2014 made in W.P.No.12988 of 2006.

(2.) The services of the second respondent, working as Sweeper from 1982 was discontinued on 9th June, 2001. A dispute was raised before the Central Government Industrial Tribunal-cum-Labour Court, Chennai in I.D.No.31 of 2003. The Presiding Officer of the Labour Court came to the conclusion that the respondent employee has established continuous working for more than 240 days in 12 calendar months preceding her termination. It was also held that mandatory requirement of the provision of Section 25-F of the Industrial Disputes Act, 1947 (for short " I.D. Act" ), giving one month notice or payment in lieu thereof, was not complied with before termination. Thus, the termination was held as void ab initio. Accordingly, an Award was passed on 17th June, 2005, directing reinstatement in service with consequential benefits of seniority and backwages.

(3.) Feeling aggrieved, the management-appellant preferred the writ petition. The learned Single Judge, relying on the decision of the Supreme Court in D.K.Yadav Vs. J.M.A.Industries Ltd., 1993 3 SCC 259 held that no employee can be terminated without complying with the provisions of Section 25-F of the I.D. Act, if the employee has established that he had worked for more than 240 days in the calendar year preceding his retrenchment / termination. It was also held that the second respondent employee has rendered about 20 years of service and was thrown out on account of the fact that the work was outsourced. The learned Single Judge, in the interest of justice, settled the dispute as full and final, by awarding a sum of Rs.5,00,000/- to the employee in lieu of reinstatement, backwages and other benefits. Thus, the second respondent employee stands satisfied.