EGS employees not liable to file an Industrial dispute for termination of employment, but is entitled to compensation : Bombay HC
TITLE : Ashok Bhikanrao Deshmukh v The State of Maharashtra
CITATION : W.P 2149 of 2011
CORAM : Hon’ble justice Ravindra V. Ghuge and Hon’ble Justice Y.G. Khobragade
DATE: 28th November, 2023
INTRODUCTION :
A writ of Certiorari and Mandamus was filed by the petitioner regarding his termination of employment against the state.
FACTS :
The petitioner was appointed on the Employment Guarantee Scheme on 1985 and he was terminated on 1987 orally. He raised an industrial dispute in 1994 and the labour court subsequently quashed the termination order and granted reinstatement. The state filed a writ against the impugned award of the labour court, which was then reversed by the single bench judge. However, it was observed by the court that if the petitioner is eligible, he may be considered for Government resolution of 1995. The state deemed him ineligible as he was not employed on 1993.
COURT’S ANALYSIS
It was argued that when the Government resolution scheme was analysed by the Supreme Court, the cut off date was of 1993 and on continuous service. The court has consistently held that EGS recruitments are not continuous employment nor they can raise an Industrial Dispute. But relying upon the judgement of Supreme Court in the matter of Assistant Engineer v Mohanlal, that the employee may be granted of monetary compensation.
The court granted 2,00,000 as compensation for the mere fact that he has been litigating for 37 years as now and has turned 60 years old.
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Written by- Sanjana Ravichandran