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DELHI HIGH COURT
PRATHIBA M.SINGH
Tiger Force Security Services – Appellant
Versus
Umender Kumar – Respondent
| Table of Content |
|---|
| 1. challenges to the ex parte award. (Para 2 , 4) |
| 2. interim stay granted upon deposit. (Para 3) |
| 3. workman's willingness to negotiate. (Para 5) |
| 4. workman's admission and denial of increments. (Para 6 , 7) |
| 5. compensation awarded for past employment. (Para 8) |
| 6. final order on petition and pending applications. (Para 9 , 10) |
JUDGMENT
Prathiba M. Singh, J. (Oral)--This hearing has been done through video conferencing.
2. The present petition challenges the impugned order dated 19th January, 2019 in ID No. 7732/2016 titled Umender Kumar v. M/s Tiger Force Security Services, passed by the ld. PO, Labour Court-V, Dwarka Courts/Delhi (hereinafter "Labour Court"). Vide the impugned order, Respondent/Workman (hereinafter "Workman") was granted reinstatement with full backwages along with continuity of service and consequential benefits. The impugned award being an ex parte award has been challenged before this Court.
3. Vide order dated 20th November, 2019, this Court had granted interim stay on the impugned award subject to deposit of 50% of the awarded amount. Pursuant thereto, the Petitioner/Management (hereinafter "Management") has deposited a sum of Rs.4,89,420/- which
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's abandonment of service precludes claims for back wages as illegality in termination requires proof of wrongdoing by the employer.
Reinstatement of employees is not automatic after wrongful termination; monetary compensation is an acceptable remedy based on case circumstances.
Compensation awards must reflect the severity of termination cases, considering the length of service and associated injuries to ensure justice.
A workman must accept an offer of reinstatement to claim back wages; failure to do so constitutes abandonment of work, negating entitlement to relief.
A court may set aside an ex parte award and allow a party to contest the matter on merits provided they compensate the opposing party for costs incurred due to the default in appearance.
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.
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