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ORISSA HIGH COURT
SECRETARY BERHAMPUR COOPERATIVE CENTRAL BANK LTD. – Appellant
Versus
BHABA SUNDAR DALAI – Respondent
Judgment :
Chittaranjan Dash, J.
1. By means of the present Writ Petition, the Petitioner- Management calls in question the legality and propriety of the Award dated 26.09.2018 passed by the learned Presiding Officer, Industrial Tribunal, Bhubaneswar in I.D. Case No.19 of 2015, whereby the learned Tribunal, while answering the reference in favour of the Opposite Party-Workmen, directed the Petitioner- Management to reinstate the concerned workmen in its establishment and further directed payment of 20% of the back wages to them.
2. The background facts, in brief, are that the Berhampur Cooperative Central Bank Ltd., the Petitioner-Management, is a registered Central Cooperative Society under the Odisha Cooperative Societies Act, 1962. In order to augment its deposits, the Bank introduced a Daily Deposit Scheme pursuant to a Resolution dated 17.03.1998, and for the purpose of mobilising deposits engaged certain Commission Agents/Daily Deposit Agents. In pursuance thereof, 26 Daily Deposit Agents were engaged in different branches of the Bank, including Opp. Parties- Workmen, who are the Opposite Parties in the present Writ Petition, and agreements were executed with them at the time o
Reinstatement is not automatic for wrongful termination; courts may award compensation if the position is no longer viable, reflecting a balance between employee rights and employer realities.
Reinstatement is not automatic upon wrongful termination; monetary compensation is appropriate when the employment basis is abolished, balancing interests of workmen and employers.
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....
Reinstatement with back wages is not automatic and may be inappropriate in certain situations, and compensation may be awarded instead.
The main legal point established is that in cases of illegal termination of daily-wage workers, reinstatement is not automatic, and the court may award compensation in lieu of reinstatement based on ....
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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