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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DEEPAK SIBAL, DEEPAK MANCHANDA, JJ.
Kuldeep Singh – Appellant
Versus
State of Haryana & Anr. – Respondents
LPA-1094 of 2024 (O&M)
Decided On : 02-05-2024
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-B of the Act, had received his last drawn salary as also because after a gap of 28 years from the date of termination of his services the appellant should not be thrusted upon his employer, modified the award of the Labour Court substituting the appellant's reinstatement by a direction to pay to him lump sum compensation @ Rs.2.50 lakhs.
3. After hearing learned counsel for the appellant and perusing the record, we find that even though the termination of the appellant's services have been concurrently found to be in violation of Section 25-F of the Act, through the impugned judgment the learned Single Judge committed no error by not ordering his reinstatement and instead directing payment to him by his employer compensation of Rs.2.50 lakhs as prior to the termination of his services, the appellant had put in only 01 year of service and that for the last about 23 years had received, in terms of Section 17-B of the Act, his last drawn wages as also because after 28 years from the date of termination of his services, it was not desirous to thrust the appellant upon his employer.
4. Dismissed.
5. All pending miscellaneous application(s), if any, also stand disposed of.
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....
Illegal termination of short-term daily wager violating Section 25-F ID Act warrants lump-sum compensation, not reinstatement, considering brief service, long delay, superannuation, and no unfair pra....
Compensation for termination must reflect the length of service and adhere to statutory provisions, with courts having the authority to enhance inadequate awards.
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