Employee continuously employed as Junior Clerk for more than 240 days in three calendar years - Termination held illegal

Supreme Court Upholds Reinstatement and Regularization of Junior Clerk at Jai Narain Vyas University, Landmark Decision Affirms Employee Rights Under Industrial Disputes Act; Orders University to Pay Arrears with Interest

In a significant ruling, the Supreme Court of India has upheld the reinstatement and ordered the regularization of Bhanwar Singh, a Junior Clerk employed by Jai Narain Vyas University, Jodhpur, marking a victory for employee rights under the Industrial Disputes Act, 1947. The judgment, delivered by Justices Ahsanuddin Amanullah and K. Vinod Chandran, reinforces the importance of adherence to procedural norms in employment termination and underscores the judiciary's role in safeguarding workers' rights.

The case, which has been ongoing since Singh's termination in 1997, revolves around the non-compliance with Section 25F of the Industrial Disputes Act, which mandates the procedure for retrenchment. The Labour Court had initially found Singh's termination illegal and ordered his reinstatement with 40% back wages, a decision that the university challenged but was eventually upheld by the High Court and now the Supreme Court.

Singh, who was employed directly by the university from December 16, 1994, to December 31, 1997, had his employment terminated without the mandatory notice or compensation. The Supreme Court noted that Singh worked over 240 days in three calendar years, qualifying him for protections under the Industrial Disputes Act. The Court also addressed the university's failure to comply with Section 17B, which requires payment of wages during pending proceedings, emphasizing the employer's obligation to uphold court orders.

The Supreme Court's decision mandates that Singh be deemed in service from the initial date of his employment without breaks, with arrears calculated and paid within six months. The ruling further stipulates that failure to comply will result in an interest liability, underscoring the Court's commitment to enforce its directives. The judgment distinguishes Singh's case from "litigious employments" criticized in the Uma Devi case, noting the unique circumstances and procedural adherence in his litigation journey.

Legal experts view this judgment as a reaffirmation of the judiciary's stance on employee rights and procedural justice, particularly in public sector employment. The ruling highlights the necessity for institutions to adhere to statutory requirements and the consequences of procedural lapses.

Bottom Line:

Regularization of employment - Reinstatement and regularization ordered in favor of employee, who was continuously employed without break, and whose termination was found illegal by Labour Court.

Statutory provisions: Industrial Disputes Act, 1947 Section 25F, Section 17B, Section 33C (2)

Jai Narain Vyas University, Jodhpur v. Bhanwar Singh, (SC) : Law Finder Doc id # 2821666