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DELHI HIGH COURT
PRATHIBA M.SINGH
Har Kishore Sharma – Appellant
Versus
Management of G.F.R. Co. P. Ltd. (Imperial Cable) – Respondent
| Table of Content |
|---|
| 1. illegality of termination established. (Para 4 , 5) |
| 2. restoration of writ petition after delay. (Para 6 , 7) |
| 3. arguments concerning compensation adjustments. (Para 8 , 9) |
| 4. counterarguments regarding compensation appropriateness. (Para 10 , 11 , 12) |
| 5. final decision on modified compensation. (Para 14 , 15 , 16) |
JUDGMENT
Prathiba M. Singh, J. (Oral)--This hearing has been done through video conferencing.
2. This matter has been taken up today as 20th August, 2021 was declared a holiday on account of "Muharram".
CM APPL. 12129/2021 (for delay)
3. This is an application for condonation of delay in filing. For the reasons stated in the application, delay is condoned. Application is disposed of.
CM APPL. 12128/2021 (for recall of the order dated 25th July, 2019) & 12130/2021 (for stay) in W.P.(C) 7721/2007
4. CM APPL. 12128/2021 has been filed by the Respondent/Management seeking recall of the ex-parte order dated 25th July, 2019 whereby the Award of the Ld. Labour Court dated 04th July 2007 was upheld by the Ld. Single Judge and the compensation awarded to the Petitioner was increased from Rs.50,000/- to Rs.4,00,000/-.
5. The brief background of the matter is
Compensation awards must reflect the severity of termination cases, considering the length of service and associated injuries to ensure justice.
Compensation for delayed claims must consider the Workman's voluntary resignation; backwages for five years were deemed unsustainable.
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.
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....
The absence of evidence by the management resulted in the unlawful termination of an employee’s service, emphasizing the protection of workers' rights, particularly for individuals with disabilities.
Termination deemed illegal due to management's failure to prove salary payment, leading to workman's entitlement for compensation under Section 25F of Industrial Disputes Act.
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