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PURUSHAINDRA KUMAR KAURAV
Kamax Corporation Through Its Partner Shri Rajat Aggarwal B-192 Okhla Industrial Area Phase-i New Delhi-110020 – Appellant
Versus
Raj Kishor S/o Sh. Jagdish Prasad Singh – Respondent
ORDER
Purushaindra Kumar Kaurav, J. (Oral)
CM APPL 49846/2023 (Exemption)
Allowed, subject to all just exceptions.
The applications stands disposed of.
W.P.(C) 12642/2023 & CM APPL 49845/2023 (Stay)
1. The instant writ petition is directed against the impugned award dated 28.01.2023 passed by the Labour Court, whereby, the claim of the respondent-workman has been allowed to the extent of directing the petitioner-management to pay a sum of Rs.3,00,000/- towards compensation for his illegal termination.
2. Learned counsel appearing on behalf of the petitioner-management submits that the respondent-workman himself had resigned from the services, therefore, there is no question of any illegal termination. He also submits that even in the cross examination of the respondent-workman it has come on record that he was running flour mill (Atta Chakki) at his residence. He, therefore, contends that the awarded compensation for a sum of Rs.3,00,000/- is on the higher side and under the facts of the present case, the respondent-workman is not entitled for any relief.
3. I have considered the submissions made by learned counsel for the petitioner and have perused the record.
4. The facts of the case wou
The main legal point established is the applicability of Section 25F & 25G of the Industrial Dispute Act, 1947, in cases of illegal termination, and the trend towards granting compensation in lieu of....
In cases of illegal termination, reinstatement with back wages is the norm, but courts may instead award reasonable compensation based on the context of service and misconduct.
A workman terminated through unfair labor practices is entitled to reinstatement, especially when the employer misrepresents the status of operations.
Restoration of employment is mandated when termination is found illegal, unless compelling reasons are provided for denial.
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