VidhiSangh

Supreme Court of India · 12/09/2019

GENERAL MANAGER, ELECTRICAL RENGALI HYDRO ELECTRIC PROJECT, ORISSA AND OTHERS versus SRI GIRIDHARI SAHU AND OTHERS

[2019] 12 S.C.R. 293 · 2019 INSC 1020

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Summary

Ninety workers obtained reinstatement and back wages after alleging that voluntary-separation applications had been procured under the pretext of regularisation. The Court found their allegations inadequately pleaded and proved, and the Labour Court’s contrary finding perverse in light of ignored documentary evidence, union discussions and accepted benefits. Certiorari intervention was warranted. The award was set aside, with repayment of sums redeposited by twenty-eight workers.

Issues

  1. Whether the Labour Court’s findings were immune from certiorari review.
  2. Whether fraud, undue influence or involuntary separation was established for relief under Sections 33 and 33A.

Provisions considered

Held

Result

The appeal was allowed, the High Court judgment and Labour Court award set aside, and the workers’ application dismissed without costs. Amounts redeposited by twenty-eight workers were ordered returned with eight per cent annual interest from deposit to payment within two months of receipt of the judgment.

Judgment PDF: Supreme Court of India, [2019] 12 S.C.R. 293.