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G. S. SANDHAWALIA, HARPREET KAUR JEEWAN
Sports Authority of India Neta Ji Subhash – Appellant
Versus
Balwinder Kumar – Respondent
| Table of Content |
|---|
| 1. application for condoning delay and factual background of case. (Para 1 , 2) |
| 2. judicial observations on the management's failure to prove termination compliance. (Para 3) |
| 3. arguments for and against the workman's employment status. (Para 4 , 5) |
| 4. court's analysis of employment relationship and statutory compliance. (Para 6 , 7 , 8) |
| 5. establishes retrenchment is void due to non-compliance with section 25-f. (Para 9) |
| 6. principles guiding reinstatement validity and conditions. (Para 10) |
| 7. modification of reinstatement and back-wages awarded. (Para 11) |
| 8. final order regarding reinstatement and compensation payment timeline. (Para 12) |
JUDGMENT
Harpreet Kaur Jeewan, J. - CM-3011-LPA-2017
Application for condoning the delay of 49 days in filing the appeal is allowed, in view of the averments made in the application, duly support by an affidavit of an official. The delay of 49 days in filing the appeal is hereby condoned.
CM stands disposed of, accordingly.
LPA-1399-2017
The challenge in the Letters Patent Appeal is to the judgment dated 17.04.2017 passed by the learned Single Judge in CWP-26840-2013, titled Balwinder Kumar v. The Presiding Officer, Industrial Tribunal, Pati
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.
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