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G. S. SANDHAWALIA, HARPREET KAUR JEEWAN
Hindustan Everest Tools Ltd. – Appellant
Versus
Rajbeer – Respondent
JUDGMENT
G.S.Sandhawalia, J. - Consideration in the present Letters Patent Appeal filed by the appellant-company is to the order of the learned Single Judge dated 04.10.2017 passed in CWP No. 23415 of 2012 whereby, the writ petition was allowed and compensation to the tune of Rs.2,00,000/- alongwith interest @ 8% per annum from the date of the award was directed to be paid. Further, interest @ 8% per annum was also directed to be paid on the gratuity amount of Rs.52,463/- which had been paid by way of cheque before the learned Single Judge while relying upon the judgment in Y.K. Singla v. Punjab National Bank and others , (2013) 3 SCC 472 .
2. The challenge in the present appeal is not to the interest element awarded on the delayed payment of gratuity but only on Rs.2,00,000/- which had been awarded by way of compensation by the Management. Out of the said amount of Rs.2,00,000/-, 50% of the compensation was directed to be stayed while issuing notice of motion by the co-ordinate Bench on 30.10.2017. The learned Single Judge took into account the fact that the workman was employed on 14.09.1974 and he had lost sight in one of his eyes and received injuries on his neck and shoulder
The main legal point established in the judgment is the requirement for compliance with the provisions of the Industrial Disputes Act, 1947, particularly in cases of termination and retrenchment, and....
The judgment emphasizes the importance of compliance with the Industrial Disputes Act in cases of termination, highlighting the distinction between different types of appointments and the need for ev....
The court held that the termination of the workman was illegal as it violated mandatory retrenchment procedures, entitling him to reinstatement with full back wages.
Termination of services due to continued ill-health under Section 2(oo)(c) of the Industrial Disputes Act is valid, but equitable considerations necessitate compensation for workmen suffering job-rel....
The completion of 240 days of continuous service triggers the employer's obligation under Section 25(f) of the Industrial Disputes Act. The discretion to grant back wages lies with the Labour Court, ....
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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