Do not dispense with the service of a workman simultaneously retaining juniors and engaging fresh hands without proper compliance of law

Respondent/Workman was engaged on daily wages basis by Petitioner. The Petitioner dispensed with the services of workman.

Being aggrieved, workman raised a dispute with Labour Court. Petitioner contended that workman had abandoned job on his own and dispute had become stale.

Labour Court passed an award to re-engage the workman with seniority and continuity in service from the date other retrenched workers were re-engaged.

The Petitioner approached the HC of Himachal Pradesh challenging the award challenging  Labour Court that it has committed illegality or irregularity in directing Petitioner to re-engage workman with continuity of service and seniority.

The HC of HP OBSERVED AND HELD

Plea of abandonment of work raised by Petitioner not established on record. Mere copies of muster rolls cannot be relied upon to conclude that workman abandoned work. Certificate of posting leads to conclusion that workman prayed for re-engagement. These representation demonstrates that workman has not abandoned work. After retrenchment of workman, Petitioner retained juniors in service and also engaged fresh hands. This is in violation of principle of “First Come Last Go” according to sections 25(g) and 25(h) of Industrial Disputes Act, 1947. Labour Court did not commit any illegality or irregularity in directing Petitioner to re-engage workman with continuity of service and seniority. Accordingly the HC dismissed the petition.

State of HP & Another vs. Gagan Singh, 2016-I-LLJ-259(HP)-C.W.P.No. 6439 of 2014

WHAT WE LEARN:

• Provisions related to retrenchment as found in ID Act have to be strictly followed by management of companies and cannot on their whims terminate workmen disguising it as abandonment.
• In case of abandonment, proper records have to be kept in addition to muster roll, like correspondence with workmen cautioning/ warning/ copy of letter of abandonment issued.

The author can also be reached at drgubbilegal@gmail.com.