1988 INSC 0275
                                                   Narotam Chopra

                                                           Vs

                                  Presiding Officer, Labour Court and Others

                                      Civil Appeal No. 1579 (NL) of 1988

                                                      18.04.1988

                                                        ORDER

1. Special leave granted.

2. The appellant was employed in the Haryana State Electricity Board, his services were terminated.
On a dispute raised by him, the State Government referred the matter to the Labour Court on the
question whether the termination of service of the appellant was just and correct and, if not, to what
relief he was entitled. The Labour Court gave an Award on February 25, 1986 holding that the
appellant's termination of service was illegal for the non-compliance of Section 25-F of the
Industrial Disputes Act, 1947 inasmuch as the employer failed to give notice and he further failed to
pay compensation to the appellant. Even after recording this finding, the Labour Court held that the
appellant was entitled only to one month's pay in lieu of period of notice of retrenchment and
compensation. The appellant challenged the Labour Court's Award before the High Court by means
of a writ petition under Article 226 of the constitution. The High Court dismissed the writ petition
in limine. Hence the appellant has approached this Court by way of special leave.

3. On the admitted facts, the findings recorded by the Labour Court clearly show that the appellant's
services were terminated in violation of Section 25-F of the Industrial Disputes Act, 1947. It is now
well settled that if the services of an employee are terminated in violation of Section 25-F of the
Industrial Disputes Act, 1947, the order of termination is rendered ab initio void and the employee
would be entitled to continuity of service along with his back wages, see Gammon India Ltd. v.
Niranjan Dass ((1984) 1 SCC 509 : 1984 SCC (L&S) 144). We accordingly allow the appeal and the
set aside the order of the High Court and modify the Award of the Labour Court and we further
direct that the appellant is entitled to reinstatement with full back wages and other allowances. The
appellant is entitled to his costs which is quantified at Rs. 2000.

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