M/s S.Kumars Ltd. Vs. Bherulal
Madhya Pradesh High Court (Single Judge)
WRIT PETITION, 3932 of 2017, Judgment Date: Oct 25, 2018
Law Laid down -
(1) Before effecting change of service conditions of the workman in respect of any matter specified in Fourth Schedule appended to Industrial Disputes Act, notice has to be issued in compliance of section 9A of the Industrial Disputes Act.
(1) Before effecting change of service conditions of the workman in respect of any matter specified in Fourth Schedule appended to Industrial Disputes Act, notice has to be issued in compliance of section 9A of the Industrial Disputes Act.
(2) The illegal change in service conditions of the Workman in the manner prejudicial and detrimental to his rights and interest amounts to unfair labour practice, on the part of the Management as detailed in item Nos.6 and 7 of Schedule V appended to the Act quoted below:
“Unfair Labour Practices
(6) To abolish the work of a regular nature being done by workmen, and to give such work to contractors as a measure of breaking a strike.
(7) To transfer a workman mala fide from one place to another, under the guise of following management policy.”
(3) As per rule 11 (c) of the Madhya Pradesh Standard Standing Orders Rules, 1963; any permanent employee desirous of leaving the employment shall give one month's notice to his departmental officer stating the reason for which he is leaving but if he so requires he may be relieved earlier than the date on which the period of notice expires.”
(7) To transfer a workman mala fide from one place to another, under the guise of following management policy.”
(3) As per rule 11 (c) of the Madhya Pradesh Standard Standing Orders Rules, 1963; any permanent employee desirous of leaving the employment shall give one month's notice to his departmental officer stating the reason for which he is leaving but if he so requires he may be relieved earlier than the date on which the period of notice expires.”
Hence, the alleged resignation letter, without disclosing reasons and specifying notice period or doing away with the same, with no evidence of tendering and acceptance thereof, cannot be said to be a voluntary act and rightly held to have been used against all the workmen to their prejudice resulting into discontinuance/termination of employment amounting to retrenchment without payment of compensation. The entire exercise appears to have been carried out by the Management with ulterior motive and collateral purpose to do away with the service of the Workmen and keep operational the 'folding unit' through the engagement of contract labours, a glaring example of unfair labour practice.
M/s S.Kumars Ltd. Vs. Bherulal
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