UCO BANK Vs. NARENDRA KUMAR SHARMA

JUDGEMENT

(1.) As per office report, there is delay in filing instant appeal. Taking note of the contents of the application U/s 5 of Limitation Act duly supported by an affidavit we are satisfied that the delay deserves to be condoned and the application stands disposed of.

(2.) Instant intra-court appeal is almost the fourth round of litigation which has dragged the poor workman upto the Division Bench of this Court. The brief history of the case discloses that the respondent workman was initially engaged way back on 18.01.1985 as a casual labour and admittedly after completion of 240 days in the preceding 12 months his services came to be retrenched without due compliance of mandate of Sec.25F of Industrial Disputes Act,1947 ("Act,1947") vide order dt.09.04.1987 and after the dispute being referred to the labour Court/Tribunal the award came to be passed on 18.08.1994 affirming the reference setting aside retrenchment and reinstatement of service with back wages. Pursuant thereto the workman was reinstated on 29.10.1994 and joined on 02.11.1994 but to his dismay again order of retrenchment came to be passed by the employer-appellant simultaneously on 02.11.1994. The second retrenchment was again the subject matter of challenge before the Tribunal through a reference made by the Appropriate Government and again award came to be passed on 27.12.1999 setting aside the retrenchment and reinstatement with full back wages and that came to be challenged before this Court and vide judgment dt.21.03.2007 while upholding reinstatement back wages were reduced to 50%. Pursuant thereto he was reinstated and again retrenched vide order dt.21.08.2007 and that was subject matter of challenge before the learned Single Judge.

(3.) The defence of the appellant before the learned Single Judge was that as he was reinstated in November,1994 the employer was under obligation to compute the period of service regarding compensation to which the workman was entitled for contemplated U/s 25F (A&B) of the Act,1947 only from the date of his reinstatement in November,1994 and not from the date of his initial appointment as casual labour which was 18.01.1985.