TMI Blog2007 (4) TMI 620X X X X Extracts X X X X X X X X Extracts X X X X ..... ect the appellant to pay him a sum of Rs.25,000/-. Appeal allowed. - CIVIL APPEAL NO. 1869 OF 2007 - - - Dated:- 10-4-2007 - SINHA, S.B. AND KATJU, MARKANDEY, JJ. JUDGMENT S.B. Sinha, J. Leave granted. Respondent herein was appointed as a daily-wager. From October, 1994 to February, 1995, he worked for a period of 145 days in Sub- Division No.2, Panipat. He, however, worked in Sub-Division No.3 for a period of 90 days from March 1995 to July, 1995. His services were terminated. An industrial dispute was raised questioning validity of the said order of termination. The said industrial dispute was referred by the Appropriate Government to the Industrial Tribunal-cum-Labour Court, Panipat, for its determination. It was register ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... terminative factor. It is not the case of the respondent that he was appointed in both the establishments by the same authority. The Industrial Tribunal-cum-Labour Court unfortunately did not go into the said question at all. If both the establishments are treated to be one establishment, for the purpose of reckoning continuity of service within the meaning of Section 25B of the Act, as was held by the Tribunal, a person working at different point of time in different establishments of the statutory authority, would be entitled to claim reinstatement on the basis thereof. However, in that event, one establishment even may not know that the workman had worked in another establishment. In absence of such a knowledge, the authority retrenchi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... espondent would not be entitled to his seniority. If the project came to a close, the requirements of Section 25-N of the Act were not required to be complied with." Moreover, it is now also well-settled that despite a wide discretionary power conferred upon the Industrial Courts under Section 11A of the 1947 Act, the relief of reinstatement with full back-wages should not be granted automatically only because it would be lawful to do so. Grant of relief would depend on the fact situation obtaining in each case. It will depend upon several factors; one of which would be as to whether the recruitment was effected in terms of the statutory provisions operating in the field, if any. Respondent worked for a very short period. He only worked ..... X X X X Extracts X X X X X X X X Extracts X X X X
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