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G. S. SANDHAWALIA, HARPREET KAUR JEEWAN
Sports Authority of India Neta Ji Subhash – Appellant
Versus
Balwinder Kumar – Respondent
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, Patiala, and another, whereby the writ petition filed by respondent No. 1 (hereinafter referred to as 'the workman') was allowed and he was ordered to be reinstated with full back wages and continuity of service.
2. The workman raised an industrial dispute before the Presiding Officer, Industrial Tribunal, Patiala (hereinafter referred to as 'the Tribunal') that he has worked with the appellant (hereinafter referred to as 'the management') as a Guest House Attendant for a continuous period of 6 years and was drawing a monthly salary of Rs. 2,370/- and his service were wrongly terminated on 12.09.2006 without issuance of any notice, charge-sheet and wit
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.
The court established that non-compliance with statutory provisions regarding termination under the Industrial Disputes Act leads to invalid termination and entitlement to compensation.
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