Bombay High Court
Bank of Baroda v. Shri Shashikant Pitale & Ors.
Writ Petition No. 3063 of 2014
Date of Judgment: 12.12.2025
Neutral Citation: 2025:BHC-OS:24539
Ratio:
Industrial tribunals cannot direct regularisation or reinstatement beyond the scope of reference; compensation may substitute reinstatement for daily wagers.
INDUSTRIAL DISPUTE – Illegal termination – Casual/daily-wage workmen – Sections 25F and 25G of the Industrial Disputes Act, 1947 – Reinstatement and regularisation – Scope of reference – Writ petition filed by the Bank challenging the Award of the Central Government Industrial Tribunal-II, Mumbai, holding termination of respondent daily-wage peons illegal and directing reinstatement with back wages and regularisation. Held, findings of violation of Sections 25F and 25G did not call for interference. However, reinstatement is not automatic for daily-wage workers after long lapse of time; lump-sum compensation is the appropriate relief. Further held, the Tribunal exceeded its jurisdiction in directing regularisation, the issue being beyond the scope of reference and contrary to settled law, including Umadevi (2006) 4 SCC 1. Award modified by setting aside reinstatement, back wages, and regularisation and substituting lump-sum compensation. Writ petition partly allowed.
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