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SHREE CHANDRASHEKHAR, ANUBHA RAWAT CHOUDHARY
Management of Jamshedpur Workers College Employees Credit Co-operative Society Limited – Appellant
Versus
Workman Sri Jitendra Kumar Tiwari, S/o Sri Shivnath Tiwari – Respondent
| Table of Content |
|---|
| 1. challenging termination of the workman. (Para 1 , 2 , 3) |
| 2. labor court's findings on misconduct. (Para 4 , 5 , 6 , 7) |
| 3. writ court's affirmation of tribunal's decision. (Para 8 , 9 , 10 , 11) |
| 4. conditions for reinstatement and compensation. (Para 12 , 13 , 14) |
| 5. the l.p.a is allowed; modified award issued. (Para 15) |
ORDER :
Shree Chandrashekhar, J.
The Management of Jamshedpur Workers College Employees Credit Co-operative Society Limited has challenged the writ Court’s decision whereby award dated 28th April 2010 passed in Reference Case No. 16 of 2002 has been affirmed.
2. In Reference Case No. 16 of 2002, the Labour Court at Jamshedpur held that the order of termination of the workman from service was illegal and, accordingly, directed his reinstatement in service with 50% back wages from 11th January 2001 with all consequential benefits.
3. The workman raised a dispute to the order of termination dated 11th January 2001 issued by the Management of Jamshedpur Workers College Employees Credit Co-operative Society Limited (in short, the Management) which was referred for adjudication by the appropriate Government vide notification dated 14th December 2002 in the follo
Reinstatement following illegal termination does not guarantee back wages; compensation may be awarded based on service duration and other considerations.
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....
The main legal point established in the judgment is that the termination of services was illegal and unjustified, and the principles of 'last come, first go' were not followed. The court also emphasi....
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.
there is a breach of Section 25-F of the I.D. Act and as there is a delay of 11 years in preferring the reference, instead of granting reinstatement a lump sum amount as full and final settlement wil....
The main legal point established in the judgment is that in cases of illegal termination, reinstatement with backwages is the appropriate relief, considering the sustained unemployment of the employe....
In illegal termination cases involving daily-wage workers, reinstatement is not automatic; compensation and circumstances of employment should be evaluated.
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