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G. S. SANDHAWALIA, HARPREET KAUR JEEWAN
Vikram Singh – Appellant
Versus
Presiding Officer, Industrial Tribunal-cum-Labour Court, Hisar – Respondent
G.S. SANDHAWALIA, J.
Present Letters Patent Appeal seeks consideration of the order of the learned Single Judge dated 17.01.2019 passed in CWP-5206-2013 ‘Vikram Singh Vs. The Presiding Officer, Industrial Tribunal-cum-Labour Court, Hisar and another’, wherein the workman who was working as part time Sweeper and had rendered 1½ years service, had been awarded Rs.20,000/- as compensation by the Labour Court, while declining reinstatement as per its Award dated 06.08.2012 (Annexure P-4).
2. The learned Single Judge noticed that the declining of the reinstatement was justified while placing reliance upon various judgments of the Apex Court including a Full Bench judgment passed in Municipal Council, Dina Nagar, Tehsil & District, Gurdaspur Vs. Presiding Officer, Labour Court, Gurdaspur and another, 2015 (1) RSJ 765 and enhanced the compensation to Rs.1.25 lakhs, which was held to be just, adequate and reasonable. It was noticed that the employment was parttime and a cut had to be applied and therefore, directions had been issued to the department to pay the abovesaid amount to the workman within a period of 2 months from the date of receipt of a certified copy of the order.
3. The workman
The main legal point established in the judgment is that the enhancement of compensation for part-time employment is justifiable based on the length of service and the status of the employee, as per ....
Reinstatement is not automatic for illegal retrenchment; monetary compensation is appropriate, especially for daily wage workers.
Monetary compensation, not reinstatement, is appropriate for daily wage workers upon finding illegal terminations; reinstatement is not automatic even when procedural violations are confirmed.
Relief by way of reinstatement with back wages is not automatic even if termination of an employee is found to be illegal or in contravention of the prescribed procedure. The court may award lump-sum....
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