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G. S. SANDHAWALIA, HARPREET KAUR JEEWAN
Kesar Singh – Appellant
Versus
Presiding Officer, Industrial Tribunal, Patiala – Respondent
| Table of Content |
|---|
| 1. overview of the case and factual background. (Para 1 , 2) |
| 2. management's argument regarding the appellants' termination and service. (Para 3 , 6) |
| 3. tribunal's award details and enhancements. (Para 4 , 5) |
| 4. court's analysis of retrenchment conditions under the act. (Para 8 , 10) |
| 5. principles established regarding wrongful termination and compensation. (Para 9 , 11) |
| 6. court's rationale for awarding compensation rather than reinstatement. (Para 12 , 14) |
| 7. final decision and dismissal of appeal. (Para 15) |
JUDGMENT
Harpreet Kaur Jeewan, J.
Consideration in the present Letters Patent Appeal filed by the appellants, is to the order of the learned Single Judge in CWP-15383-2017 titled Kesar Singh and others v. The Presiding Officer, Industrial Tribunal, Patiala and another, whereby the writ petition filed by the appellants, was partly allowed, and the amount of compensation was enhanced from Rs. 1,50,000/- to Rs. 2,00,000/-, vide order dated 18.07.2017.
2. As per the version of the appellants, Kesar Singh (appellant No. 1) joined the services as a Operator with respondent No. 2 (hereinafter referred to as the Management ), in the year 1981, Kaka Singh (appellant No. 4) jo
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....
Termination of casual workers constituted illegal retrenchment under Section 25F due to failure to provide notice and compensation; reinstatement replaced with monetary compensation due to the delay ....
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 ....
Monetary compensation, not reinstatement, is appropriate for daily wage workers upon finding illegal terminations; reinstatement is not automatic even when procedural violations are confirmed.
The court upheld the illegal termination of the respondents/workmen and their entitlement to reinstatement with full back wages and other consequential benefits under the Industrial Disputes Act, 194....
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