AIR 2010 SUPREME COURT 1116 ::2010 AIR SCW 1357 ::2010 LAB. I. C. 1433 ::2010 (2) AIR Kant HCR 163 ::(2010) 1 CurLR 884 ::(2010) 124 FacLR 700 ::2010 (3) SCC 192 ::(2010) 1 Scale 613 ::(2010) 1 Cal LJ 113 ::(2010) 4 All WC 4107 ::(2010) 3 Mad LJ 127 ::(2010) 2 Lab LN 14 ::(2010) 1 SCT 725 ::(2010) 2 ServLR 15

Supreme Court Of India

(From : Punjab and Haryana)

Hon'ble Judge(s): G. S. Singhvi, A. K. Ganguly , JJ

(A) Industrial Disputes Act (14 of 1947) , S.25F, S.25G— Constitution of India , Art.226— Award of Labour Court - Interference by writ Court - Scope - Retrenchment of appellant appointed as work munshi in State Corporation - Found to be in contravention of 'last come first go' rule - Award of reinstatement with back wages passed - Interference by High Court with order of reinstatement on new plea that appointment was not as per recruitment rules - Improper C.W.P. No. 372 of 2001, D/-06-02-2009 (PandH), Reversed. The appellant who was appointed initially on fixed period as work munshi on pay scale in State Warehousing Corporation and thereafter continued in service was retrenched by giving one month's pay in lieu of notice. The labour Court found that the retrenchment was against last come first go rule. It passed an order directing reinstatement of appellant with backwages. No plea that appointment of appellant was not as per recruitment Rules was raised by corporation before Labour Court. The labour Court also found that the retrenchment does not fall u/S. 2(00)(bb). The plea that the appointment of appellant was illegal was raised by corporation for first time in writ Court. The High Court did not find any jurisdictional error in the award of the Labour Court. It did not find that the award was vitiated by any error of law apparent on the fa....