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MANOJ BAJAJ
Jarnail Singh – Appellant
Versus
Presiding Officer Industrial Tribunal Labour Court Ut At Chandigarh – Respondent
| Table of Content |
|---|
| 1. petitioner's claim for reinstatement and wages. (Para 2 , 3 , 4 , 5 , 6) |
| 2. argument for full back wages. (Para 7 , 8 , 9) |
| 3. court's examination of the award. (Para 10 , 11) |
| 4. conclusion: no interference warranted. (Para 12 , 13) |
JUDGMENT
Manoj Bajaj, J. (Oral)
Petitioner-Jarnail Singh has filed this writ petition under Article 226 Constitution of India for issuance of a writ in the nature of Certiorari to challenge the impugned award dated 13.08.2019 (Annexure P-3), only to the limited extent, whereby the Industrial Tribunal & Labour Court, Union Territory, Chandigarh while ordering his reinstatement has awarded 25% back wages instead of full wages.
2. Briefly, the facts leading to the writ petition are that:
3. Pursuant to the requisition sent by the Management to the Employment Exchange for filling up the vacant post of Drivers, petitioner's name was sponsored by Employment Exchange and he was appointed for a period of 89 days in December, 1998. He performed his duties with diligence and devotion till December, 2001 when his services were discontinued because of his involvement in a criminal case and according to the petitioner, he was given an assurance that afte
Reinstatement is not automatic for procedural violations under the Industrial Disputes Act; monetary compensation may be granted instead.
The punishment should be proportionate to the guilt, and reinstatement does not automatically warrant back wages.
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