MOHAN LAL versus MANAGEMENT OF M/S BHARAT ELECTRONICS LTD.

MOHAN LAL versus MANAGEMENT OF M/S BHARAT ELECTRONICS LTD.

Termination of appellant's service, not falling under any excluded categories in section 2(oo), after rendering 240 days' service within twelve months constitutes retrenchment. As mandatory pre-condition under section 25F for valid retrenchment was not satisfied, the termination is ab initio void and inoperative; appellant deemed to be in continuous service with full benefits.

Parties
Appellant: Mohan Lal; Respondent: Management of M/s Bharat Electronics Ltd.
Jurisdiction
India
Judgment Date
21 April 1981
Procedural Posture
Civil Appeal / Appeal by Special Leave From Award of Labour Court
Outcome
Appeal allowed
Legal Topics
Retrenchment, Continuous Service, Probation, Industrial Disputes Act
Labour Law Industrial Law Retrenchment Continuous Service Probation Industrial Disputes Act

Case Brief

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Parties

Mohan Lal

Appellant

Management of M/s Bharat Electronics Ltd.

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Award of Labour Court

Legal Issues

  1. 1 Whether termination of the appellant's service who had put in 240 working days within a period of one year constitutes retrenchment under section 2(oo) of Industrial Disputes Act.
  2. 2 Whether non-compliance with section 25F renders termination ab initio void.
  3. 3 Scope of sections 25A and 25B regarding continuous service.

Ratio Decidendi

Termination of appellant's service, not falling under any excluded categories in section 2(oo), after rendering 240 days' service within twelve months constitutes retrenchment. As mandatory pre-condition under section 25F for valid retrenchment was not satisfied, the termination is ab initio void and inoperative; appellant deemed to be in continuous service with full benefits.

Court Disposition

Appeal allowed

Orders

  • Award of Labour Court set aside
  • Declaration of continued service for appellant with all consequential benefits including back wages