SHRIPAL & ANR. versus NAGAR NIGAM, GHAZIABAD

SHRIPAL & ANR. versus NAGAR NIGAM, GHAZIABAD

The terminations effected during pending conciliation proceedings without compliance with Sections 6E and 6N were illegal; the employer failed to prove a genuine contractor-based engagement and thus the workmen who performed perennial municipal horticultural duties under direct supervision are entitled to reinstatement with continuity of service, regularization process and 50% of back wages for the period of absence until reinstatement.

Parties
Appellants (workmen): Shripal & Anr.; Respondent (employer): Nagar Nigam, Ghaziabad
Jurisdiction
India
Judgment Date
31 January 2025
Procedural Posture
Civil Appeal / Judgment on Appeal From High Court Order Dated 01.03.2019
Outcome
Appeals filed by the workmen allowed; appeals filed by Nagar Nigam, Ghaziabad dismissed; impugned High Court directions modified as set out
Legal Topics
Sections 6 E and 6 N U.p. Industrial Disputes Act, 1947, Termination, Reinstatement, Back Wages, Regularization of Service, Employer Employee Relationship, Muster Rolls, Equal Pay for Equal Work, Ban on Fresh Recruitment
Labour Law Industrial Disputes Municipal Law Sections 6 E and 6 N U.p. Industrial Disputes Act, 1947 Termination Reinstatement Back Wages Regularization of Service +4 more

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Parties

Shripal & Anr.

Appellants (workmen)

Nagar Nigam, Ghaziabad

Respondent (employer)

Procedural Posture

Civil Appeal / Judgment on Appeal From High Court Order Dated 01.03.2019

Legal Issues

  1. 1 Whether the termination of the appellant-workmen complied with Sections 6E and 6N of the U.P. Industrial Disputes Act, 1947
  2. 2 Whether the workmen were directly employed by the Nagar Nigam or engaged through a contractor
  3. 3 Whether the appellants are entitled to reinstatement, continuity of service, back wages and regularization

Ratio Decidendi

The terminations effected during pending conciliation proceedings without compliance with Sections 6E and 6N were illegal; the employer failed to prove a genuine contractor-based engagement and thus the workmen who performed perennial municipal horticultural duties under direct supervision are entitled to reinstatement with continuity of service, regularization process and 50% of back wages for the period of absence until reinstatement.

Court Disposition

Appeals filed by the workmen allowed; appeals filed by Nagar Nigam, Ghaziabad dismissed; impugned High Court directions modified as set out

Orders

  • All orders/communications terminating the services of the Appellant Workmen quashed
  • Appellant Workmen to be treated as continuing in service from date of termination for all purposes including seniority and continuity