Judgment

DESAI, J.:- Secretary (Labour) Delhi Administration referred the following industrial dispute between the management of M/s Lufthansa German Airlines and its workmen Shri Sant Raj and Shri Itwari Lal Sherya for adjudication to the Labour Court at Delhi. It reads as under

"Whether the termination of service of S/Shri Sant Raj and Itwari Lal Sherya is illegal and/or unjustified and if so to what relief are they entitled?"

The Labour Court after an exhaustive and in-depth examination of rival contentions held that termination of services of the aforementioned two workmen constituted retrenchment within the meaning of Sec. 25F read with S. 2(oo) of the Industrial Disputes Act, 1947 (Act for short) and as the provisions of S. 25F have not been complied with, the termination of service would be bad and illegal. The Labour Court then proceeded to examine whether the relief of reinstatement should be granted or compensation in lieu of reinstatement should be given. The Labour Court held that even where S. 25F of the Industrial Disputes Act is not complied with and therefore the termination of service is illegal and invalid, there is certainly a discretion with the Labour Court whethe