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G. S. SANDHAWALIA, HARPREET KAUR JEEWAN
XEN OP Divisional No. 1 and 2 Dadri – Appellant
Versus
Presiding Officer, Industrial Tribunal-Cum-Labour Court – Respondent
| Table of Content |
|---|
| 1. delay in appeal condoned. (Para 1) |
| 2. workman claims unfair termination and seeks reinstatement. (Para 2 , 3 , 4 , 5 , 6) |
| 3. precedents establish compensation for wrongful termination. (Para 7 , 8 , 9) |
| 4. guiding principles for reinstatement and employee rights. (Para 10 , 11) |
| 5. compensation assessed based on circumstances of case. (Para 12 , 13) |
| 6. appeal allowed, compensation awarded to workman. (Para 14 , 15) |
JUDGMENT
G.S. Sandhawalia, J. - CM-1398-LPA-2018
Application for condonation of delay of 185 days in filing the appeal, is allowed, in view of the averments made in the application duly supported by affidavit. Delay of 185 days in filing the appeal is condoned.
CM stands disposed of.
LPA-513-2018 (O&M)
The present Letters Patent Appeal requires consideration of the judgment of the learned Single Judge passed in CWP No.23594 of 2013 Xen OP Divisional No. 1 and 2, Dadri, Distt. Bhiwani and & others v. Presiding Officer Industrial Tribunal-cum-Labor Court and another' decided on 31.07.2017. By virtue of the said order, the learned Single Judge modified the Award of the Labour Court dated 03.01.2014 (Annexure P-1) to the extent that instead of 50% back-wages along-wi
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....
Monetary compensation, not reinstatement, is appropriate for daily wage workers upon finding illegal terminations; reinstatement is not automatic even when procedural violations are confirmed.
However, wherever it is found that similarly situated workmen are regularized by the employer itself under some scheme or otherwise and the workmen in question who have approached Industrial/Labour C....
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....
Rule 33 which prohibits an employee from taking employment elsewhere. Indeed, it was not even the pleaded case of the management that during the period of suspension, the appellant had left the Headq....
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