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G. S. SANDHAWALIA, HARPREET KAUR JEEWAN
Ram Kishan – Appellant
Versus
Presiding Officer, Industrial Tribunal-cum-Labour Court – Respondent
| Table of Content |
|---|
| 1. judgment modified to enhance compensation. (Para 1 , 2) |
| 2. claimant's appointment details and state's defense. (Para 3 , 4) |
| 3. adverse inference drawn due to non-evidence. (Para 5) |
| 4. court's reasoning and principles on reinstatement. (Para 6 , 8) |
| 5. agree on compensation; no basis for reduction. (Para 9 , 10 , 11) |
| 6. appeals dismissed. (Para 12) |
JUDGMENT
G.S. Sandhawalia, J. - The present appeals bearing LPA-540 & 1770-2018 arise out of common judgment of the learned Single Judge passed in CWP-23090-2012 titled Ram Krishan v. Presiding Officer, Labour Court, Hissar decided on 16.01.2018.
2. The learned Single Judge modified the award of the Labour Court dated 27.08.2010 whereby compensation of only Rs.45,000/- had been given and granted compensation to the tune of Rs.3,50,000/- which would be payable within a period of 4 months. The conditional interest @ 6% per annum from the date of the judgment was also granted in case the compensation was not paid within prescribed period. The reasoning given by the learned Single Judge to enhance the compensation was that the appointment was from 01.03.1991 to 31.03.2003 and the demand notice was only served on 31.12.2005. It wa
Workman must prove 240 days continuous service preceding termination; no adverse inference against employer absent summoning documents or evidence; short-service daily wagers ineligible for reinstate....
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....
Illegal termination of short-term daily wager violating Section 25-F ID Act warrants lump-sum compensation, not reinstatement, considering brief service, long delay, superannuation, and no unfair pra....
The main legal point established is that in cases of illegal termination, the court may consider exceptional circumstances and order lump sum compensation instead of reinstatement, taking into accoun....
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