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MANOJ BAJAJ
Ranjit Singh – Appellant
Versus
Presiding Office Industrial Tribunal, Patiala – Respondent
JUDGMENT
Mr. Manoj Bajaj, J.
Petitioner has filed this writ petition under Article 226 Constitution of India for issuance of a writ in the nature of Certiorari for quashing the award dated 07.10.2013 (Annexure P-4) passed by respondent No.1, whereby industrial dispute raised under Section 10 (1) (c) Industrial Disputes Act, 1947 seeking reinstatement has been dismissed and alternatively compensation of Rs.3,000/- has been granted to the workman.
2. The brief facts leading to the petition are that petitioner joined the respondent-department on 01.09.1979 as Beldar/T-Mate, who was drawing the salary of Rs.695.60/- per month and he worked till 15.07.1985, when his services were terminated. Aggrieved against his removal from service, the petitioner-workman raised industrial dispute on the ground that after his termination, new appointments were made and juniors to him were also retained in service and claimed that the termination of his service was in violation of the Industrial Disputes Act, 1947. It was prayed that the termination order be set aside and he be reinstated with continuity of service and full back wages.
3. The management contested the claim by filing written statement a
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 judgment emphasizes the importance of compliance with the Industrial Disputes Act in cases of termination, highlighting the distinction between different types of appointments and the need for ev....
Reinstatement is not automatic in cases of delayed disputes; monetary compensation may be awarded instead, especially for procedural violations under the Industrial Disputes Act.
Reinstatement of workmen after illegal termination is not automatic; monetary compensation may be granted instead based on specific circumstances and legal precedents.
The court has the discretion to fix fair compensation in industrial dispute cases, taking into account the circumstances of the employment and termination.
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