Bombay High Court
Ketan Vital Shelke vs Barshi Textile Mill And Anr on 4 September, 2024
2024:BHC-AS:35723
Sonali Mane 12-WP-7976-2024.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 7976 OF 2024
Ketan Vital Shelke ... Petitioner
Versus
Barshi Textile Mill And Anr ... Respondents
Mr. Rohit D. Joshi for the Petitioner.
CORAM : SANDEEP V. MARNE, J.
DATE : 4 SEPTEMBER 2024.
P.C. :
1) By this Petition Petitioner challenges the Award dated
31 January 2024 passed by Presiding Officer, Labour Court, Solapur answering the Reference (IDA) No. 02 of 2015 partly in the affirmative and awarding retrenchment compensation in the form of one month's wages in lieu of notice as well as backwages for the period from April 2014 to June 2014 to the Petitioner.
2) I have heard Mr. Joshi, the learned counsel appearing for Petitioner and have considered the submissions canvassed by him.
Digitally signed by MANE MANE SONALI ___Page No.1 of 2___ SONALI DILIP DILIP Date:
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3) There no dispute to the position that the First Party No. 2 was contractor engaged by First Party No. 1 (Principal Employer) for supply of laborers. Petitioner performed services with Principal Employer as workman of the contractor, out of contractual arrangement. Otherwise, there is no direct employer-employee relationship between the Petitioner and First Party No.1. In that view of the matter, there was no question of grant of reinstatement to the Petitioner in the services of First Party No. 1.
4) No doubt the termination is found to be illegal. However, the contract between the Principal Employer and Contractor apparently came to an end on 30 June 2014. Petitioner did not prove before the Labour Court that after 30 June 2014, the contract between the two first parties either continued or that First Party No. 2 secured any other contract with another agency under which services of the Petitioner could be continued. Looking into these peculiar facts, the Labour Court has awarded retrenchment compensation in the form of wages for one month in lieu of notice as well as backwages for the months of April, May and June 2014. In my view, therefore, no serious flaw can be traced in the Award of the Labour Court. Writ Petition is accordingly rejected.
[SANDEEP V. MARNE, J.] ___Page No.2 of 2___ 4 September 2024 ::: Uploaded on - 05/09/2024 ::: Downloaded on - 05/09/2024 21:24:39 :::