H.D. SINGH versus RESERVE BANK OF INDIA & ORS.

H.D. SINGH versus RESERVE BANK OF INDIA & ORS.

Striking off the appellant's name from the list of Tikka Mazdoors constituted retrenchment under Section 2(oo) and was invalid due to non-compliance with Section 25-F; the bank's practice amounted to unfair labour practice under Schedule V, Item 10.

Parties
Appellant: H.D. Singh; Respondents: Reserve Bank of India & Ors.
Jurisdiction
India
Judgment Date
10 September 1985
Procedural Posture
Civil Appeal / Appeal From Central Government Industrial Tribunal Award and Special Leave
Outcome
Appeal allowed
Legal Topics
Retrenchment, Unfair Labour Practice, Termination of Employment, Industrial Disputes
Labour Law Employment Law Retrenchment Unfair Labour Practice Termination of Employment Industrial Disputes

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Parties

H.D. Singh

Appellant

Reserve Bank of India & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Central Government Industrial Tribunal Award and Special Leave

Legal Issues

  1. 1 Whether striking off the appellant's name from the list of approved Tikka Mazdoors amounts to retrenchment within the meaning of the Industrial Disputes Act, 1947
  2. 2 Whether the action was in violation of mandatory provisions of Section 25-F
  3. 3 Whether the bank's practice constitutes an unfair labour practice

Ratio Decidendi

Striking off the appellant's name from the list of Tikka Mazdoors constituted retrenchment under Section 2(oo) and was invalid due to non-compliance with Section 25-F; the bank's practice amounted to unfair labour practice under Schedule V, Item 10.

Court Disposition

Appeal allowed

Orders

  • Order of the Industrial Tribunal set aside
  • Reserve Bank of India directed to reinstate the appellant as a regular employee Tikka Mazdoor