JASMER SINGH VERSUS STATE OF HARYANA

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 346 OF 2015

(Arising out of S.L.P. (C) No. 1532 of 2014)

JASMER SINGH … APPELLANT

VERSUS

STATE OF HARYANA & ANR. …RESPONDENTS

The appellant-workman was working as daily paid worker in the office of Sub Divisional Officer/Engineer, Provincial Division No. 3, PWD B& R Karnal since 1.1.1993 and remained in service Up to December, 1993. He had completed more than 240 days of continuous service in one calendar year. His services were terminated on 31.12.1993 without complying with the mandatory provisions of Sections 25-F, 25-G and 25-H of the Industrial Disputes Act, 1947 (hereinafter referred to as “the Act”). The respondent-management neither issued notice nor notice pay nor retrenchment compensation was given to him. The principle of ‘last come first go’ was not followed as provided under Section 25G of the Act and the persons who were juniors to him in service were retained. Therefore, he has raised an industrial dispute under the provisions of the Act before the Conciliation Officer requesting for setting aside the order of termination as the same is void ab initio in law and sought an order for reinstatement with back wages and other consequential benefits. As the workman’s demand made in his Notice dated 27.11.1996 was not complied with, the Conciliation Officer submitted a failure report to the State Government of Haryana. The State Government of Haryana in exercise of its statutory power under Section 10(1)(c) of the Act referred the industrial dispute to the Industrial Tribunal-cum- Labour Court for adjudication as per the points of dispute. The same was registered as Case Reference No. 205 of 1997 for adjudication of the dispute….read more