Back
G. S. SANDHAWALIA, HARPREET KAUR JEEWAN
Gulshan Kumar – Appellant
Versus
Managing Director, UHBVNL Panchkula – Respondent
JUDGMENT
G.S. Sandhawalia, J. - The present set of 6 appeals arise out of common order dated 18.07.2018 passed by the learned Single Judge whereby 9 writ petitions, filed by the Management were disposed of by modifying the award dated 25.02.2015 (Annexure P-1) wherein 50% back-wages had been granted from the date of filing of the claim statement.
2. The reasoning given by the learned Single Judge was that the service of the workman as Assistant Linesman was from 15.10.2009 till 30.10.2011 while dealing with the case of CWP-7402-2016. The termination of the services was without complying with the provisions of Section 25 -F of the Industrial Disputes Act, 1947 (for short, the Act') without any notice or payment and juniors were still retained and therefore, provisions of Section 25 -G & 25-H of the Act were violated. The argument raised that it was termination on the expiry of the contract period was repelled on the ground that no material was placed before the Tribunal to record such a finding as there was no illegality in the award and therefore, the same cannot be upset on that account as it was not an appellate proceedings. Resultantly, while placing reliance upon the judgment of
Termination of service without notice or compensation violates the Industrial Disputes Act, establishing the workman's right to reinstatement and compensation.
The main legal point established in the judgment is that in cases of illegal termination, reinstatement with backwages is the appropriate relief, considering the sustained unemployment of the employe....
Termination of daily wage workers under Section 25-F of the Industrial Disputes Act does not automatically entitle them to reinstatement; monetary compensation may be awarded instead.
Termination without following Section 25F of the Industrial Disputes Act is unlawful, warranting reinstatement and continuity of service.
The judgment establishes that a breach of Section 25F of the Industrial Disputes Act warrants reinstatement, but the award of backwages should be based on the circumstances and alternative income of ....
The main legal point established in the judgment is the onus on the workman to establish completion of 240 days in a year and the principles for awarding reinstatement and backwages.
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
