NAMIT KUMAR
Mohan Singh – Appellant
Versus
Garrison Engineer – Respondent
JUDGMENT
Namit Kumar, J. (Oral)
The instant revision petition has been preferred by the petitioner under Article 227 of the Constitution of India, impugning the order dated 31.08.2016 (Annexure P-4) passed by the learned Additional District Judge, Bathinda, whereby the execution petition filed by the petitioner has been disposed of being fully satisfied.
2. The brief facts as pleaded in the petition are that the petitioner was appointed as Switch Board Attendant w.e.f. 12.04.1983 on daily wage basis and his services were terminated in the month of January, 1987. He raised an industrial dispute and the matter was referred to the Central Government Industrial Tribunal-cum-Labour Court-II, Chandigarh (hereinafter to be referred as 'the Tribunal'), wherein the following dispute was referred for adjudication:-
3. It was pleaded before the learned Tribunal that the services of the petitioner/workman has been terminated without giving him any compensation or serving 01 months
Termination of services without notice or compensation is illegal under Section 25F of the Industrial Disputes Act, and reinstatement must be granted from the same date as similarly situated employee....
The main legal point established in the judgment is that the termination of services was illegal and unjustified, and the principles of 'last come, first go' were not followed. The court also emphasi....
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....
Termination of contractual employment does not equate to retrenchment under Section 2(oo)(bb) of the Industrial Disputes Act, 1947, limiting the right to claim reinstatement.
The court ruled that termination due to non-renewal of a contractual appointment does not qualify as retrenchment under the Industrial Disputes Act, 1947.
The court upheld the illegal termination of the respondents/workmen and their entitlement to reinstatement with full back wages and other consequential benefits under the Industrial Disputes Act, 194....
Labour law – Reinstatement - Granting of relief of reinstatement after such a long gap will not serve any purpose and, therefore, this Court is of the view that if the order to grant compensation
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.
Reinstatement following illegal termination does not guarantee back wages; compensation may be awarded based on service duration and other considerations.
In illegal termination cases involving daily-wage workers, reinstatement is not automatic; compensation and circumstances of employment should be evaluated.
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