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G. S. SANDHAWALIA, HARPREET KAUR JEEWAN
Kesar Singh – Appellant
Versus
Presiding Officer, Industrial Tribunal, Patiala – Respondent
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) joined the services as helper with the Management on 25.03.1982, Jagdish Singh (appellant No. 3) and Vinod Kumar (appellant No. 2) also joined the services as helper on 01.05.1982, and 01.08.1982, respectively. The services of the appellants were terminated on 09.01.1984. Appellant No. 1, Kesar Singh, was getting monthly remunerations of Rs. 550/-, both appellant Nos. 3 and 4, i.e. Jagdish Singh and Kaka Singh were drawing monthly remuneration of Rs. 500/-; whereas appellant No. 2, Vinod Kumar was drawing a sum of Rs. 4
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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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