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M. S. RAMACHANDRA RAO, SUKHVINDER KAUR
Punjab School Education Board – Appellant
Versus
Presiding Officer, Industrial Tribunal – Respondent
JUDGMENT
M.S. Ramachandra Rao, J.
This Letters Patent Appeal is filed challenging judgment dt.28.07.2017 in CWP-19956-2012.
2. Respondent No.2 was appointed as a Helper in the Punjab School Education Board (Appellant No.1) on 01.02.1996 on daily wages, but his services were terminated on 05.06.1998 in violation of Section 25F of the Industrial Disputes Act, 1947.
3. A reference was made by the State of Punjab under Section 10 (1)(c) of the Industrial Disputes Act, 1947 to the Industrial Tribunal, Gurdaspur as to whether his termination was legal and justified, and if it is not justified, then what were the benefits he should be granted.
4. An award was passed on 21.10.2011 by the Presiding Officer of the Industrial Tribunal (respondent no.1) after considering the evidence on record that the termination of respondent No.2 was in violation of Section 25F of the Industrial Disputes Act, 1947. He therefore set aside the termination of respondent No.2 by the appellants and directed his reinstatement with continuity of service. He however observed that it cannot be taken that respondent No.2 remained fully unemployed between the date of his termination and till the date of the award, and
The punishment should be proportionate to the guilt, and reinstatement does not automatically warrant back wages.
Reinstatement is not automatic for procedural violations under the Industrial Disputes Act; monetary compensation may be granted instead.
The judgment establishes that a breach of Section 25F of the Industrial Disputes Act warrants reinstatement, but the award of backwages should be based on the circumstances and alternative income of ....
The main legal point established in the judgment is that in cases of illegal termination, reinstatement with backwages is the appropriate relief, considering the sustained unemployment of the employe....
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