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Surendra Kumar Verma Etc vs The Central Government Industrial ... on 23 September, 1980 cites

Santosh Gupta vs State Bank Of Patiala on 29 April, 1980

CHINNAPPA REDDY, J.-The facts of the four appeals before us (except the cases of Usha Kumari and Madhu Bala, two out of the seven appellants in Civil Appeal No. 633 of 1980) are almost identical with the facts in Santosh Gupta v. State Bank of Patiala decided by this Court on April 29, 1980. Not unnaturally the appellants claim that they should be given the same reliefs as were given to the workman in that case, but which have been denied to them by the Labour Court in the instant cases. The Labour Court found, as a fact, that except in the cases of three workmen, S. C. Goyal, Usha Kumari and Madhu Bala, the termination of the services of the remaining appellants-workmen was in violation of the provisions of S. 25F of the Industrial Disputes Act, 1947 and therefore invalid and inoperative. But, as the termination of their services was a consequence of their failure to pass the tests prescribed for permanent absorption into the service of the Bank and as it was thought their reinstatement would have the effect of equating them with workmen who had qualified for permanent absorption by passing the test, the Labour Court refused to give the workmen the relief of reinstatement in service with full back wages, but, instead, directed payment of compensation of six months' salary to each of the workmen, in addition to the retrenchment compensation.
Supreme Court of India Cites 12 - Cited by 155 - O C Reddy - Full Document

Sur Enamel And Stampingworks (P) Ltd vs Their Workmen on 7 May, 1963

The cases of Usha Kumari and Madhu Bala were treated by the Labour Court as distinct from the cases of all the other appellants 796 on the ground that, though they had worked for more than two hundred and forty days in the preceding twelve months, they had not been in employment for one year. It appears that Usha Kumari and Madhu Bala were in the employment of the Bank from May 4, 1974 to January 29, 1975 and had worked for 258 and 266 days respectively during that period. As the period from May 4, 1974 to January 29, 1975 was not one year, it was conceded before the Labour Court that there was no violation of the provisions of S. 25F of the Industrial Disputes Act. Before us, the concession was questioned and it was argued that there was non-compliance with the requirements of s. 25F of the Act. Since the facts were not disputed, we entertained the argument and heard the counsel on the question. The concession was apparently based on the decision of this Court in Sur Enamel and Stamping Works (P) Ltd. v. Their Workmen. That decision was rendered before S. 25B, which defines continuous service for the purposes of Chapter VA of the Industrial Disputes Act was recast by Act 36 of 1954. The learned counsel for the employer submitted that the amendment made no substantial difference. Let us take a look at the statutory provisions. S. 25-F, then and now, provides that no workman employed in any industry who has been in continuous service for not less than one year under an employer shall be retrenched by that employer until certain conditions are fulfilled. S. 25-B's marginal title is 'Definition of continuous Service'. To the extent that it is relevant S. 25-B(2) as it now reads is as follows:
Supreme Court of India Cites 4 - Cited by 108 - K C Gupta - Full Document
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