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Showing contexts for: DEVENDRA PRASAD YADAV in Jharkhand State Food And Civil Supplies ... vs Devendra Prasad Yadav And Anr on 18 May, 2016Matching Fragments
● The respondentworkman raised an industrial dispute and the term of the reference was as under:
"Whether the termination of services of Shri Devendra Prasad YadavSalesman by the management of Bihar State Food and Civil Supplies Corporation Ltd., Dhanbad is justified? If not, what relief he is entitled to?"
● Under Section 10 of the Industrial Disputes Act, 1947, reference was made being Reference Case No. 6 of 1991 before the Labour Court, Dhanbad who passed an award dated 1st June, 1994 and there was reinstatement with full back wages i.e. from the date of retrenchment.
"Whether the termination of services of Shri Devendra Prasad Yadav Salesman by the management of Bihar State Food and Civil Supplies Corporation Ltd., Dhanbad is justified? If not, what relief he is entitled to?"
(emphasis supplied)
(iii) While passing an award by the Labour Court, Dhanbad, reinstatement with full back wages was granted and the order of termination was quashed and set aside. Thus, the workman was to be reinstated with full back wages.
"6. W.W.1 is the concerned workman Shri Devendra Prasad Yadav himself. He had said that he was appointed by the Corporation as Salesman and was posted at Maithan and he worked till July 83 and subsequently he removed from service. No notice was given to him and no chargesheet was issued to him and no enquiry was conducted against him before doing away with his service which is illegal. It was suggested to him by the learned counsel for the management that his services were not taken when sale centre at Maithan was closed, but he denied the suggestion, simple suggestion is no evidence. There is nothing on record to indicate that the workman did not work continuously and work was taken from him when sale centre was closed. The workman has said that he worked for more than 240 days in the year 1980, 1981 and 1982 and his services were continuous. The management could have produced salary register of workman to reap the consequences and to indicate that he did not work for more than 240 days in calendar year. The law is well settled that even daily rated workman acquires temporary status after continuous employment for 120 days and he becomes permanent after 240 days. The workman was continuous service for more than 240 days in three calendar years and he will be deemed to have acquired permanent status."