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2013 (2) TMI 155 - SUPREME COURTDirection to the employer for reinstatement with continuity of service and 25 per cent back wages - workman had worked for only eight months as daily wager and his termination has been held to be in contravention of Section 25-F of the Industrial Disputes Act, 1947 - Held that:- As decided in Bharat Sanchar Nigam Limited v. Man Singh [2013 (2) TMI 107 - SUPREME COURT] wherein the workmen, who were daily wagers during the year 1984-85 were terminated without following Section 25-F. The industrial dispute was raised after five years and although the Labour Court had awarded reinstatement of the workmen which was not interfered by the High Court, this Court set aside the award of reinstatement and ordered payment of compensation. As the respondent workmen were engaged as “daily wagers” and they had merely worked for more than 240 days, relief of reinstatement cannot be said to be justified. In light of the above legal position and having regard to the facts of the present case, namely, the workman was engaged as daily wager on 01.03.1991 and he worked hardly for eight months from 01.03.1991 to 31.10.1991, the Labour Court failed to exercise its judicial discretion appropriately. The Single Judge as well as the Division Bench of the High Court also erred in not considering the above aspect at all. The award dated 28.06.2001 directing reinstatement of the respondent with continuity of service and 25% back wages in the facts and circumstances of the case cannot be sustained and has to be set aside and is set aside. And compensation of ₹ 50,000/- by the appellant to the respondent shall meet the ends of justice to be made within six weeks from today failing which the same will carry interest @ 9 per cent per annum.
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