IN THE HIGH COURT OF DELHI AT NEW DELHI
SHAIL JAIN
Mgmt.Of Esi Scheme – Appellant
Versus
Raj Bala – Respondent
JUDGMENT :
SHAIL JAIN, J.
1. The present Petitions have been filed by the Petitioner herein under Article 226 of the Constitution of India, inter alia, challenging the Awards passed by the Presiding Officer, Central Government Industrial Tribunal- Cum-Labour Courts in different industrial disputes, whereby the learned Tribunal directed the Petitioner to reinstate the Respondents with back wages varying from 20% and 25% from their respective dates of termination.
2. W.P. (C.) No. 16809/2004, titled “ The Management of E.S.I. Scheme vs. Raj Bala ”, has been filed by the Petitioner–Management assailing the Award dated 25.05.2004 passed by the learned Presiding Officer, Central Government Industrial Tribunal-cum-Labour Court–II, New Delhi in I.D. No. 12/1996. By the said Award, the learned Labour Court held the termination of the Respondent–Workman, Smt. Raj Bala, to be illegal and directed her reinstatement with 20% back wages with effect from 24.08.1994.
3. In the same batch, W.P. (C.) No. 16739/2004, titled “The Management of E.S.I. Scheme vs. Asha Ram &Ors.”, has also been preferred by the Petitioner–Management challenging the Award dated 08.07.2004 passed by the learned Presiding Offi

State of Uttarakhand and Another v. Raj Kumar
Bharat Sanchar Nigam Ltd. vs. Bhurumal
Termination of casual workers constituted illegal retrenchment under Section 25F due to failure to provide notice and compensation; reinstatement replaced with monetary compensation due to the delay ....
The court upheld the illegal termination of the respondents/workmen and their entitlement to reinstatement with full back wages and other consequential benefits under the Industrial Disputes Act, 194....
Daily wage worker - Conditions precedent to retrenchment of workmen - Quantum of compensation - Termination of service of employee by way of retrenchment without complying with requirement of giving ....
Relief by way of reinstatement with backwages is not automatic and may be wholly inappropriate in a given fact situation even though the termination of an employee is in contravention of the prescrib....
Monetary compensation, not reinstatement, is appropriate for daily wage workers upon finding illegal terminations; reinstatement is not automatic even when procedural violations are confirmed.
In illegal termination cases involving daily-wage workers, reinstatement is not automatic; compensation and circumstances of employment should be evaluated.
The main legal point established is that in cases of illegal termination, the court may consider exceptional circumstances and order lump sum compensation instead of reinstatement, taking into accoun....
Once violation of Sections 25(F), (G) and (H) of the Industrial Disputes Act is established, reinstatement should follow, as per the decision in Gauri Shanker vs. State of Rajasthan.
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