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G. S. SANDHAWALIA, HARPREET KAUR JEEWAN
Gurjit Singh – Appellant
Versus
Industrial Tribunal, Patiala – Respondent
JUDGMENT
Harpreet Kaur Jeewan, J. - CMs-711-712-LPA-2018
By these applications, the applicant-appellant seeks condonation of delay of 220 days in re-filing and 299 days in filing the appeal.
In view of the averments made in the applications, which are duly supported by affidavits of the applicant-appellant, sufficient cause is made out to condone the delay.
Consequently, the applications are allowed and the delay of 220 days in re-filing and 299 days in filing the appeal is hereby condoned.
LPA-285-2018 (O&M)
Consideration in the present Letters Patent Appeal filed by the appellant (hereinafter referred to as the 'workman') is to the order of the learned Single Judge in CWP-24987-2012, titled Gurjit Singh v. Industrial Tribunal, Patiala and another whereby the learned Single Judge has only modified the Award dated 03.04.2012 (Annexure P-1) passed by the Industrial Tribunal, Patiala (hereinafter referred to as the 'Tribunal'), by way of enhancing the compensation from Rs. 15,000/- to Rs. 2,00,000/- but declined the relief of reinstatement of the appellant-workman.
2. The brief facts of the case are that appellant workman joined the services of respondent No. 2 as daily wage worker on
Daily wage worker - Conditions precedent to retrenchment of workmen - Quantum of compensation - Termination of service of employee by way of retrenchment without complying with requirement of giving ....
Relief by way of reinstatement with backwages is not automatic and may be wholly inappropriate in a given fact situation even though the termination of an employee is in contravention of the prescrib....
The main legal point established is that even temporary employees can be considered 'workmen' under the Industrial Disputes Act, and termination without complying with Section 25(F) may entitle the e....
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