Back
DEEPAK SIBAL, DEEPAK MANCHANDA
Kuldeep Singh – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mr. Deepak Sibal, J. (Oral)
On 01.06.1995, the appellant was appointed as a Beldar and worked on such post till 23.07.1996. On 24.07.1996, his services were terminated. He challenged his termination by raising an industrial dispute which was referred to be adjudicated upon by the Industrial Tribunal-cum-Labour Court, Panipat (for short - the Labour Court). Through award dated 08.09.2000, the Labour Court held that the appellant's services had been terminated in violation of Section 25-F of the Industrial Disputes Act, 1947 (for short - the Act) with a further direction to reinstate the appellant with continuity of service and full backwages.
2. The State of Haryana which was the appellant's employer, challenged the Labour Court's aforesaid award by filing of a writ petition before this Court. A learned Single Judge concurred with the finding returned by the Labour Court that the appellant's services had been terminated without following the procedure prescribed under Section 25-F of the Act. However, considering the fact that before termination of his services, the appellant had served his employer for only 01 year and that for nearly 23 years, in compliance with Section 17
Termination of services found in violation of Section 25-F; reinstatement not ordered due to short service and significant delay, leading to compensation instead.
Monetary compensation can be awarded instead of reinstatement for daily wage workers whose termination is found illegal due to procedural defects, as reinstatement is not automatic.
Monetary compensation is preferred over reinstatement for daily wage workers whose termination is found illegal, especially after significant delays.
Compensation, rather than reinstatement, is appropriate for daily wage workers whose termination is found illegal due to procedural defects, especially when no mala fide intent is established.
Compensation in lieu of reinstatement is warranted where termination violates Section 25F, reflecting a judicial trend favoring monetary relief over automatic reinstatement, particularly for daily wa....
Compensation for termination must reflect the length of service and adhere to statutory provisions, with courts having the authority to enhance inadequate awards.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
