UTTRANCHAL FOREST DEVELOPMENT CORPORATION versus M.C. JOSHI

Citation: [2007] 3 S.C.R. 114 · Decided: 23-02-2007 · Supreme Court of India · Bench: S.B. SINHA · Disposal: Case Partly allowed
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Judgment (excerpt)

A 
UTfRANCHAL FOREST DEVELOPMENT CORPORATION 
B 
c 
v. 
M.C. JOSHI 
FEBRUARY 23, 2007 
[S.B. SINHA AND MARKANDEY KA TJU, JJ.] 
Labour Laws: 
U.P. Industrial Disputes Act, 1947: 
s.6N-Daily wager-Termination of services after a short period-
Raising industrial dispute after 6 years-Labour Court ordering reinstatement 
with 50% back wages-High Court reducing back wages to 25'Yc;-Hekl, on 
facts, impugned judgments substituted by an award of compensation for a 
D sum of Rs. 7 5, 0001- inf avour of worker-Delay!Laches-Raising of industrial 
dispute after 6 years-Effect of 
Respondent, a seasonal daily wage worker, after six years of termination 
of his services, approached the conciliation officer. The conciliation fffort 
having failed, a reference was made by the State Gov~rnment to the Labour 
E Court, which held that the employer contravened provisions of s.6-N of the 
U.P. Industrial Disputes Act, 1947 and directed reinstatement of the worker 
with 50% back wages. The High Court having not interfered with order of 
reinstatement and merely reducing the bsck wages to 25%, the Uttaranchal 
Forest Development Corporation filed the appeal. 
F 
Allowing the appeal in part, the Court 
HELD: I. The Conciliation Officer pu7°rted to have condoned the delay. 
He could not do so. There is no dispute that the U.P. Industrial Disputes Act. 
1947 does not provide for any period of limitation. But it is now well :1ettled 
that the relief to which a workman would be entitled to in such a situation 
G would depend upon the facts and circumstances of each case. (Para 71 
[116-G; 117-AI 
Management of Sudamdih Colliery of Mis. Bharat Coking Coal Ltd v. 
Their Workman represented by Rashtriya Colliery Mazdoor Sangh, JT (2006) 
H 
114 
• 
) 
UTIRANCHAL FOREST DEVELOPMENT CORPRN. v. M.C. JOSHI [S.B. SINHA, l] 115 
I SC 411, relied on . 
2.1. Even assuming that the provisions of Section 6N of the UP Industrial 
Disputes Act, 1947 were contravened, it is now well-settled by reason of a 
catena of decisions of this Court that the relief of reinstatement with full back 
wages would not be granted automatically only because it would be lawful to 
do so. For the said purpose, several factors are required to be taken into 
consideration, one of them being as to whether such an appointment had been 
made in terms of the statutory rules. Delay in raising an industrial dispute 
is also a relevant fact. [Para 9] [117-C, D, El 
Haryana State Electronics Development Corporation v. Mamni, AIR 
(2006) SC 2427; North-Eastern Karnataka Rt. Corporation v. Ashappa, 
(2006) 5 SCC 137; V.P. State Road Transport Corporation v. Man Singh, 
(2006) 7 SCC 752 and Secretary, State of Karnataka & Ors. v. Uma Devi (3) 
& Ors., [2006) 4 SCC I, relied on. 
2.2. In the instant case, the respondent was engaged as a daily wager 
for a short period from 1.8.1989 to 24.11.1991 and raised an industrial dispute 
after six years. In these circumstances interest of justice would be met if the 
impugned judgments are substituted by an award of compensation for a sum 
of Rs. 75,000/- in favour of the respondent. [Paras 6 and 14) 
[116-G; 118-G-H; 119-AJ 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 921 of2007. 
From the Final Judgment and Order dated 2.9.2005 of the High Court of 
Uttranchal at Nainital in WP No. 914/2003(M/S). 
Rachana Srivastava for the Appellant. 
Rachana Joshi Issar, Bij Rajesh and Kapil Saxena for the Respondent. 
The Judgment of the Court was delivered by 
S.B. SINHA, J. I. Leave granted. 
2. Appellant (Corporation) herein is a Corporation incorporated under 
U.P. Forest Development Corporation Act. It is a successor of the UP Forest 
Corporation. It engages seasonal workers as and when any requirement arises 
therefor. Respondent was employed as a daily wager by the Corporation on 
A 
B 
c 
D 
E 
F 
G 
or about 1.8.1989. His services were terminated on 24.11.1991. He allegedly H 
116 
SUPREME COURT REPORTS 
(2007] 3 S.C.R. 
A completed _240 days' of continuous work in a period of twelve months preceding 
... -
the order of termination. He did not raise any industrial dispute for a long 
time. He approached the Conciliation Officer on or about 2.9.1996 i.e after a 
period of about 6 years. Conciliation effort between the: parties having failed, 
a reference was made by the State of Uttranchal for adjudication of the 
B 
following dispute to the Labour Court. 
"Whether dispensation with the services of Shri Mohan Chand fo~hi 
son of Sh. N.B. Joshi, Field
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