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RAJIV SAHAI ENDLAW, AMIT BANSAL
Manmod Shankar – Appellant
Versus
LIC Of India – Respondent
JUDGMENT
1. Cm APPL. 8699/2021 (for exemption)
1. Allowed, subject to all just exceptions and as per extant Rules.
2. The application is disposed of.
LPA 93/2021, CM APPL. 8700/2021 (for condonation of 90 days delay in filing the appeal) & CM APPL. 8701/2021 (for condonation of 21 days delay in re-filing the appeal)
3. This intra court appeal impugns the common judgment dated 29th June, 2020 of dismissal of W.P.(C) 6214/2019 preferred by the respondent Life Insurance Corporation of India (LIC) as well as of dismissal of W.P.(C) 6310/2019 filed by the appellant, both with respect to the award dated 11th February, 2019 of the Labour Court, in an industrial dispute raised by the appellant qua the order dated 23rd July, 2016 of the Disciplinary Authority of the respondent LIC of removal of appellant from service.
4. The Labour Court though directed reinstatement of the appellant but without back wages. While respondent LIC was aggrieved from the direction for reinstatement, the appellant was aggrieved from the denial of back wages.
5. We have, at the outset, enquired from the counsel for the appellant, whether the respondent LIC has preferred any appeal against the impugned judgment.
6. The
The denial of back wages upon reinstatement is permissible under the Industrial Disputes Act if the misconduct was proportional to the punishment, with no automatic entitlement to wages unless proven....
Workman - Order of Discharge or Dismissal - Section 11-A of the Act is reproduced as Where an industrial dispute relating to the discharge or dismissal of a workman has been referred to a Labour Cour....
Grant of a relief of reinstatement, it is trite, is not automatic. Grant of back wages is also not automatic. The Industrial Courts while exercising their power under Section 11A of the Industrial Di....
workman has retired from the services and, therefore, whatever benefit is available to the workman, after her retirement, needs to be granted to her due to the order of reinstatement with continuity ....
Point of law; Suspension of service - workman herein also contributed the events led to his dismissal. Further it could be gathered that the workman herein remained out of service and contributed not....
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