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The respondent-Management of the BSNL, however, appealed against the Award passed by the Tribunal by way of a Writ Petition in the High Court before the Single Judge whereby the learned Single Judge affirmed the Award passed by the Tribunal and dismissed the writ petition filed by the respondent- Management. The respondent was not satisfied with the order passed by the Single Judge and refused to give effect to the Award in favour of the appellant and preferred a further appeal before the Division Bench.

In view of this we set aside the judgment and order of the High Court and restore the Award of the Tribunal and the order of the Single Judge affirming the same.

The appeal accordingly is allowed but without cost.

...........................J. (GYAN SUDHA MISRA) NEW DELHI;

JANUARY 28, 2014 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPEALLATE JURISDICTION CIVIL APPEAL NO. 4980 OF 2014 (Arising out of SLP (C) No. 15357 of 2013) TAPASH KUMAR PAUL .... APPELLANT VERSUS BSNL & ANR. .... RESPONDENTS O R D E R V. Gopala Gowda, J. (Concurring)

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14. It would be, thus, seen that by a catena of decisions in recent time, this Court has clearly laid down that an order of retrenchment passed in violation of Section 25-F although may be set aside but an award of reinstatement should not, however, be automatically passed. The award of reinstatement with full back wages in a case where the workman has completed 240 days of work in a year preceding the date of termination, particularly, daily wagers has not been found to be proper by this Court and instead compensation has been awarded. This Court has distinguished between a daily wager who does not hold a post and a permanent employee.” The learned senior counsel has further relied upon the decision of this Court in Civil Appeal No.107 of 2014 titled BSNL & Ors. Vs. Kailash Narayan Sharma to hold that reinstatement may not be a natural consequence of termination of service of a work in contravention to Section 25 F of the ID Act. The relevant para reads as under:

...........................J. (V. GOPALA GOWDA) New Delhi, January 28, 2014 IN THE SUPREME COURT OF INDIA CIVIL APPEALLATE JURISDICTION CIVIL APPEAL NO. 4980 OF 2014 (Arising out of SLP (C) No. 15357 of 2013) TAPASH KUMAR PAUL .... APPELLANT VERSUS BSNL & ANR. .... RESPONDENTS O R D E R Leave granted.