Employment of Labour (Standing Orders) Act, 1945
Section 25(b)
Employment of Labour (Standing Orders) Act, 1956
Section 19(1)
Reinstatement in service with all arrear wages— Labour Court has committed no error in taking view that the order of termination so made was actually a colourable one— It appears from the record that the proceeding as was initiated against worker was dropped on 16.01.1985 and that order of termination was made on 21.01.1985.As nothing has been placed on record to show that in between the period 16.01.1985 and 21.01.1985 there was any situation claiming for termination of the worker, the respondent No.2, herein, and in that view of the matter in our opinion the Labour Court has committed no error in taking view that the order of termination so made was actually a colourable one and that the management having realized fruitlessness of the proceeding resorted to an order of dismissal under the garb of termination. It also appears that as the Labour Court on consideration of the materials and the evidence on record has arrived at the finding that the order of termination so made in respect of the worker was not fair and legal and the High Court Division as well held that under the circumstances, there is no occasion to interfere with the judgment and order impugned as the Labour Court has committed no illegality or error. Under the peculiar facts and circumstances of the case, Appellate Division is also of the view that there could not be any plausible reason to have resorted to termination order in order to do away with the service of the respondent for his trade union activities. The appeal is dismissed. .....Chittagong Dyeing, Fishing and Printing =VS= Labour Court, (Civil), 2025(2) [19 LM (AD) 142] ....View Full Judgment