Back
G. S. SANDHAWALIA, HARPREET KAUR JEEWAN
Rajesh Kumar – Appellant
Versus
Presiding Officer, Labour Court, Patiala – Respondent
JUDGMENT
G.s. Sandhawalia, J.
The present Letters Patent Appeal requires consideration of the judgment of the learned Single Judge passed in CWP No.19035 of 2009 filed by the appellant decided on 18.01.2017. The learned Single Judge granted a sum of Rs. 1 lakh as compensation to the workman which was to be paid within one month from the said date. It was also noticed that the Commissioner of Municipal Corporation, Patiala, Mr. Gurpal Singh Chahal was present and the order had been pronounced before him and he had accepted it as fair and he had assured that the payment would be made within one month from the date of the order.
2. The reasoning given as such for enhancing the compensation from Rs. 5,000/- as awarded by the Labour Court on 01.02.2008 (Annexure P-3) was that the employment had taken place as Pump Driver/Pump Attendant/Operator/Beldar on 02.08.1994 and the termination had taken place on 17.06.1995 as per the workman. The management claimed that he had worked upto 30.04.1995 only. Accordingly, the learned Single Judge while placing reliance upon the judgments of Assistant Engineer, Rajasthan Development Corporation & another v. Gitam Singh , 2013 (1) SCR 679 and Bharat Sa
The main legal point established in the judgment is that the enhancement of compensation for part-time employment is justifiable based on the length of service and the status of the employee, as per ....
Monetary compensation, not reinstatement, is appropriate for daily wage workers upon finding illegal terminations; reinstatement is not automatic even when procedural violations are confirmed.
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....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
