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J. B. PARDIWALA, R. MAHADEVAN
Asiatic Oxygen And Acetylene Company Limited – Appellant
Versus
Kedarnath Yadav – Respondent
| Table of Content |
|---|
| 1. jurisdiction and procedural background of the case. (Para 1 , 2) |
| 2. findings regarding the retrenchment and reinstatement. (Para 3 , 4 , 8 , 10) |
| 3. details of retrenchment and its legality. (Para 5 , 6 , 7) |
| 4. conclusions on reinstatement and settlement. (Para 11 , 12 , 17 , 19) |
| 5. arguments from both parties regarding financial conditions. (Para 13 , 14 , 15) |
| 6. conclusive orders passed regarding payments and settlements. (Para 18 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
ORDER :
1. Leave granted.
2. These appeals arise from the Judgment and order passed by the High Court of Chhattisgarh, Bilaspur, dated 8-1-2019 in Writ Appeal Nos.460/2018 and 492/2018, by which a Division Bench of the High Court allowed the appeals preferred by the respondents -herein (workmen) and thereby set aside the judgment passed by the Single Judge to a certain extent.
3. The issue involved in the present litigation is quite limited.
4. On 8-11-2004, the Industrial Court, Raipur, Chhattisgarh passed an order dated 8-11-2004 setting aside the Award passed by the Labour Court dated 4-12-2003 and directing reinstatement of the workmen with back wage and consequential benefits.
5. It appears from the materi
Illegal retrenchment – Objective of Industrial Disputes Act is to ensure social justice to both employer and employee while advancing industry in general.
The main legal point established in the judgment is that in cases of illegal termination, reinstatement with backwages is the appropriate relief, considering the sustained unemployment of the employe....
Reinstatement is not automatic for illegal retrenchment; monetary compensation is appropriate, especially for daily wage workers.
The main legal point established in the judgment is that in the case of a regular employee, reinstatement has to follow once the order of termination is held illegal, and the discretion lies only in ....
Termination of casual workers constituted illegal retrenchment under Section 25F due to failure to provide notice and compensation; reinstatement replaced with monetary compensation due to the delay ....
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