THE SUPERINTENDING ENGINEER TWAD BOARD & ANOTHER versus M. NATESAN ETC.

THE SUPERINTENDING ENGINEER TWAD BOARD & ANOTHER versus M. NATESAN ETC.

The workmen failed to discharge their initial burden to prove continuous service of 240 days. However, as most respondents reached superannuation, reinstatement is not warranted. Amounts already paid, including Rs. 2 lakhs per respondent as directed by the Supreme Court, will be treated as full settlement of all...

Source-derived case information.

Parties
Appellant: The Superintending Engineer TWAD Board & Another; Respondent: M. Natesan etc.
Jurisdiction
India
Judgment Date
10 May 2019
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeals From High Court Judgment
Outcome
Appeals disposed of; reinstatement denied; amount already paid to each respondent (including Rs.2,00,000/-) treated as full quit of all claims including back wages and compensation; Rs.2,00,000/- to be paid to legal representatives of deceased respondent; deposit in Labour Court/High Court to be refunded to appellant.
Legal Topics
Industrial Disputes, Section 17 B Industrial Disputes Act, Back Wages, Burden of Proof in Termination, Workers' Reinstatement
Labour Law Industrial Disputes Section 17 B Industrial Disputes Act Back Wages Burden of Proof in Termination Workers' Reinstatement

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Parties

The Superintending Engineer TWAD Board & Another

Appellant

M. Natesan etc.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeals From High Court Judgment

Legal Issues

  1. 1 Whether the burden of proof to show continuous service of 240 days lies on workmen or employer in cases of temporary workers' termination
  2. 2 Entitlement of temporary workers to reinstatement and back wages upon termination

Ratio Decidendi

The workmen failed to discharge their initial burden to prove continuous service of 240 days. However, as most respondents reached superannuation, reinstatement is not warranted. Amounts already paid, including Rs. 2 lakhs per respondent as directed by the Supreme Court, will be treated as full settlement of all claims including back wages and compensation in lieu of reinstatement; amount in deposit to be refunded to the appellant.

Court Disposition

Appeals disposed of; reinstatement denied; amount already paid to each respondent (including Rs.2,00,000/-) treated as full quit of all claims including back wages and compensation; Rs.2,00,000/- to be paid to legal representatives of deceased respondent; deposit in Labour Court/High Court to be refunded to appellant.

Orders

  • No reinstatement as most respondents have reached superannuation.
  • Amount already paid (including Rs.2 lakhs) in full quit of all claims including 50% back wages and compensation in lieu of reinstatement.