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DELHI HIGH COURT
PRATHIBA M.SINGH
G4S Secure Solutions India Pvt. Ltd. – Appellant
Versus
Sanjeev Pawar – Respondent
| Table of Content |
|---|
| 1. challenge to reinstatement and wages awarded (Para 2 , 3 , 4) |
| 2. management's defense lacked supporting evidence (Para 5 , 6) |
| 3. loss of confidence warrants lump sum compensation (Para 7 , 8) |
| 4. supreme court's stance on reinstatement and compensation (Para 9) |
| 5. final orders regarding payment and case conclusion (Para 10 , 11 , 12) |
JUDGMENT
Prathiba M. Singh, J. (Oral)--This hearing has been done in physical Court. Hybrid mode is permitted in cases where permission is being sought from the Court.
2. These petitions have been filed challenging the impugned Awards dated 18th January, 2020, passed by the Presiding Officer, Labour Court- V, Rouse Avenue Courts, Delhi. Vide the said Awards, the Labour Court has awarded reinstatement along with full back wages to all the four Workmen.
3. All four workmen were employed as security guards with the Petitioner/Management The date of joining and the monthly salary of each of the Workmen is set out herein below:
| Workman | Date of Joining | Monthly Salary |
| Sanjeev Pawar | 10th June 1997 | Rs. 6144/- |
| Ajeet Singh Chouhan | 8th June 1999 | Rs. 6084/- |
| Harender Malik | 14th April 1998 | Rs. 6144/- |
| Haripal Singh | 12th July 2006 | Rs. 6084 |
4. The brief background
Reinstatement of employees is not automatic after wrongful termination; monetary compensation is an acceptable remedy based on case circumstances.
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.
Compensation for delayed claims must consider the Workman's voluntary resignation; backwages for five years were deemed unsustainable.
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.
A workman terminated through unfair labor practices is entitled to reinstatement, especially when the employer misrepresents the status of operations.
The Labour Court can award compensation instead of reinstatement if the dismissal is disproportionate to the misconduct, considering the relationship between the employee and employer.
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