...R.M Lodha, J.— Leave granted. The consequent relief to be granted to the workman whose termination is held to be illegal being in violation of Section 25-F of the Industrial...gone into the question which is already answered in a long line of cases of this Court.2. Mohan Lal, the workman, was engaged as “Mistri” on muster roll by the appellant...employer from 1-11-1984 to 17-2-1986. On 18-2-1986 the services of the workman were terminated. While doing so, the workman was neither given one month's notice nor was he paid one month's salary in lieu...

..., Labour Court at Jaipur, in exercise of its power under Section 10(1)(c) of the Industrial Disputes Act, 1947:“Whether termination of service of workman Shri..., Jaipur Development Authority, Jaipur is reasonable and legal. If not, then what relief and amount is the workman entitled to receive?”3. By reason of an award dated...22-3-1999, the presiding officer, Labour Court held that the termination of services of the workman was not legal. He was directed to be reinstated in service with full back wages. It was held...

...appellant in Civil Appeal No. 1167 of 2002 will be hereinafter referred to as “the workman”; whereas the State of Punjab, appellant in Civil Appeal No. 1168 of 2002, will be hereinafter referred to as...“the State”.3. The workman herein joined the service in Punjab Roadways, Taran Taran, in the year 1965 as a driver. It is not in dispute that he absented himself from duty...from 2-5-1979 to 3-8-1979. The workman did not apply for any grant of leave. He was asked to report for duty by a registered letter dated 22-6-1979 but despite the same he did not comply with the said...

...the learned Single Judge with following observation:“… several judgments have been delivered by the Hon'ble Supreme Court, holding that reinstatement of a workman to a...public post could not be allowed if the workman has not been recruited after following the mandatory requirement of Articles 14 and 16 of the Constitution. The said judgment of the learned Single...as follows: the appellant was a “workman” within the meaning of Section 2(s) of the Industrial Disputes Act, 1947 with the respondent Haryana Warehousing Corpn. (hereinafter referred to as “the...

...filed by the respondent workman (the workman) reversing the order of the learned Single Judge of the same Court who in turn had set aside the award of reinstatement made by the Labour Court...office. The appellant Sugar Mills used to issue permits for supply of manure in bags to cane-growers. The workman used to attend to the distribution of manure bags at two such godowns on different days of...the week. It is alleged that on 5-2-1976 while the workman was attending to work in the godown at Sathancheri, he made an illegal demand of additional sum of Rs 10 purportedly as a donation for a...

...respondent himself stopped coming to work; that there was a gross delay of seven years in raising the dispute. That the workman was never engaged permanently and he was employed for miscellaneous work i.e...whenever there was work he was called for it. It was alleged that the workman had not completed 240 days of continuous service in the 12 months preceding the date of termination of his services. He...years at the salary of Rs 470 per month whereas Mr Vinod Misra, an official from the appellant side was examined to show that the workman never worked for 240 days in a year...

...O. Chinnappa Reddy, J.— The workmen of American Express International Banking Corporation who sponsored the cause of their fellow workman B. Ravichandran in an industrial...dispute are the appellants in this appeal by special leave of this Court. The American Express International Banking Corporation terminated the services of the workman on October 31, 1975. It is common...workman concerned was not in continuous service for not less than one year as prescribed by Section 25-F read with Section 25-B of the Industrial Disputes Act. The tribunal upheld the contention of the...

..., Chandigarh, directing the workman to be reinstated in service with the benefit of past service without any back wages had not been interfered with.3. The workman was working...29-7-1982. A leave for a period of 28 days was sought for and sanctioned in favour of the workman on an application made therefor by him on or about 9-10-1982. A further leave of 9 days was....”5. Despite the expiry of the period of leave in June 1983, the workman did not report back for duties, whereupon the Branch Manager, Amritsar, informed him by a letter dated 2-11-1983...

...” in Section 17-B of the Industrial Disputes Act, 1947 (hereinafter referred to as “the Act”) means wages drawn by a workman at the time of termination of his employment or wages which he would have...“full wages last drawn” only means the quantum of emoluments actually drawn by the workman at the time of termination of his employment and would not mean the wages which the workman would be entitled...amicus curiae since the respondent did not choose to appear in spite of the notice, has submitted that the expression “full wages last drawn” does not connote the amount that was being paid to the workman...

...referred to as “the workman”) which was referred for adjudication to the Industrial Tribunal-cum-Labour Court. By award dated 9-3-1993 the Labour Court found that the service of the workman had been...has directed that the workman be reinstated with continuity of service and full back wages. The writ petition filed by the appellant against the said award was dismissed in limine by the High Court...error in applying the provision of Section 25-F inasmuch as the workman had not completed 240 days of service on 13-2-1987 when his services were terminated and further that the termination of the...

...the workman into service with 20% back wages.2. The facts in brief are: the Fisheries Terminal Department (“FTD”, for short), the appellant herein, had come into existence...the practice of engaging the services of daily-wage workmen and in lieu of it to hire labourers on contractual basis.3. The claim of the workman before the Labour Court was...terminated without giving notice and without complying with the provisions of the Industrial Disputes Act. The stand of the appellant before the Labour Court was that, the workman was employed on a daily-wage...

...V. Gopala Gowda, J.— Leave granted. This appeal is filed by the workman, aggrieved by the impugned judgment and order of the Punjab and Haryana High Court in...OnLine P&H 19757 of the Division Bench warrants interference by this Court in this appeal.3. The appellant workman was working as daily-paid worker in the office of Sub...referred to it. Both the parties filed their respective statements inter alia justifying their demand and order of termination passed against the workman. The respondent management has taken preliminary...

...Arijit Pasayat, J.— Leave granted.2. Respondent 2 Bhagwan Das (hereinafter referred to as “the workman”) raised a dispute which was referred by the...Government of Rajasthan to the Labour Court, Shri Ganganagar, Rajasthan. The dispute of the workman, inter alia, was to the effect that though he was appointed as a daily-wage employee on 1-3-1990 and...the “employer”) refuted the allegations. It was specifically stated that the workman had not really worked continuously from 1-3-1990 to 15-7-1992 as pleaded. On the contrary, the workman was engaged...

...bad and suffering from clear errors of law.”6. Adverting however, to the factual score at this juncture, it appears that the respondent workman joined the...matter of fact it has been the contention of the appellant at all stages that the respondent workman worked for a total period of 219 days in totality within the preceding 12 months' period thereby....8. The factual score depicts that the respondent workman raised an industrial dispute which was referred to by the appropriate Government for adjudication to the Labour Court...

...Writ Petition No. 7548 (S/S) of 1996 dated 4-5-2000. The respondent who was engaged as a personal driver by the Regional Manager of Dena Bank at Lucknow — the appellant, claimed to be a workman of....4. Mr M.C Dhingra, the learned counsel appearing for the respondent has submitted that Section 17-B of the Act ensures that the minimum amount mentioned therein is paid to the workman....6. In a case where a workman is retrenched the relationship of master and servant comes to an end so thereafter the workman is not entitled to receive any emoluments from his...

....2. Background facts in a nutshell are as follows:Mr J. Venkaiah, the appellant's husband (hereinafter referred to as “the deceased workman”), was working...petition was that the death was due to stress and strain closely linked with the employment of the deceased workman and, therefore, attributable to an accident arising out of and in the course of...deceased workman did not die on account of any injury sustained by him “in any accident arising out of and in the course of his employment”. The High Court noted that there was no injury as such, but he...

...misconduct and leading to the termination of the service of the workman. The passage reads as under: [SCC para 28, p. 387: SCC (L&S) p...contended that it is the obligatory duty of the Labour Court/Industrial Tribunal after deciding the preliminary issue in favour of the workman and against the management to call upon the employer to lead...appeal by special leave is by a workman of the first respondent Bank of India. He was Respondent 3 in WP No. 1407 of 1979 which was filed by the first respondent Bank for quashing the award dated July 18...

...“workman” as defined in Section 2(s) of the Industrial Disputes Act, 1947 (hereinafter referred to as “the Act”).2. The appellant, Miss A. Sundarambal, was appointed as a...adjudication under Section 10(1)(c) of the Act but on reaching the conclusion that the appellant was not a “workman” as defined in the Act which alone would have converted a dispute into an...holding that the appellant was not a workman by its judgment dated September 5, 1983. Aggrieved by the judgment of the High Court, the appellant has filed this appeal by special leave...

...Section 2(oo), is the core question. Section 2(oo) reads as under:“ ‘Retrenchment’ means the termination by the employer of the service of a workman for any reason...whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but does not include—(a) voluntary retirement of the workman; or...(b) retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a...