DEVAN RAMACHANDRAN
Smitha, Wife Of Rajesh – Appellant
Versus
Kerala Co-Operative Tribunal Thiruvananthapuram – Respondent
JUDGMENT :
The absence and lack of specific statutory guidelines and framework in computing compensation payable to the employees/workmen in the case of wrongful dismissal from service seem to be often vexing the Courts and Tribunals while issuing compensatory Awards.
2. This case is no different, with an Arbitration Court, constituted under the provisions of the Kerala Co-operative Societies Act, first fixing Rs.1.5 crores as compensation; which was then reduced by the Appellate Tribunal to nearly its one tenth.
3. This is precisely the problem because the Courts/Tribunals often arrive at a computation without any delineated guidelines for such purpose.
4. I am, consequently, of the view that now it becomes enjoined upon this Court to stipulate, as is legally permissible, the broad parameters which can then guide the Courts/Tribunals in finalising computation of compensation not merely in this case but for general application in future cases also.
5. The facts involved in this case are not in dispute and therefore, it would only require me to record the most essential among it.
6. The controversy in question arose when Smt.K.Smitha was terminated from service by her employer, the Irinja
O.P.Bhandari v. Indian Tourism Development Corporation Ltd. & Others [(1986) 4 SCC 337]
Indian Railway Construction Company Ltd. v. Ajay Kumar [AIR 2003 SC 1843]
Vashrambhai Dhanabhai Vegad v. State of Gujarat and Others [(2017) 2 SCC 508]
Workmen v. Bharat Fritz Werner (P) Ltd. and another [1990 (3) SCC 565]
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