SANJAY VASHISTH
Balwinder Kaur – Appellant
Versus
Secretary To Government, Education Department Punjab, Chandigarh – Respondent
JUDGMENT
Mr. Sanjay Vashisth, J. (Oral)
Through instant writ petition, Balwinder Kaur-Worklady has challenged the award dated 08.02.2022 (Annexure P-1), passed by the Industrial Tribunal-cum-Labour Court, Patiala, whereby reference No. 132 of 2018, filed under Section 10 (1) (c) of the Industrial Disputes Act, 1947 (for short, the Act of 1947') has been answered in her favour, however, same has been disposed of by granting a lump sum amount of compensation of Rs. 25, 000/- as well as Rs. 5, 000/- towards litigation expenses.
2. Through the demand notice dated 12.04.2018, Balwinder Kaur-worklady pleaded that she joined the Government Middle School, Janherian, as 'Cook' on 01.01.2010. However, without assigning any reason, issuing show cause notice or charge-sheet, conducting enquiry or paying retrenchment compensation, her services were terminated on 01.09.2017. Thus, by pleading that the worklady worked with the Management from 01.01.2010 to 31.08.2017 for about more than seven years and six months, she has been illegally terminated from the services. It was also pleaded that at the time of removal from service, she was drawing salary at the rate of Rs. 1, 700/- per month.
3. In resp
Termination without notice or due process violates Section 25F of the Industrial Disputes Act, warranting compensation.
The court affirmed that compliance with the Industrial Disputes Act's procedural requirements is essential for lawful termination of employment.
The court held that the termination of the workman violated Section 25-H of the Industrial Disputes Act, 1947, due to the appointment of another worker after his removal.
Compensation for termination must reflect the length of service and adhere to statutory provisions, with courts having the authority to enhance inadequate awards.
Termination of services found in violation of Section 25-F; reinstatement not ordered due to short service and significant delay, leading to compensation instead.
Termination of employment without following statutory provisions under the Industrial Disputes Act is illegal, warranting compensation rather than reinstatement, especially when the employee has reac....
The central legal point established is that termination of services must comply with Section 25-F of the ID Act, and reinstatement may not automatically follow a finding of illegality.
Termination without notice or compensation violates the Industrial Disputes Act; recognition of continuous service applies despite temporary engagement gaps.
Termination of service without notice or compensation violates the Industrial Disputes Act, establishing the workman's right to reinstatement and compensation.
The court established that reinstatement is not an automatic remedy for violations of employment termination laws; compensation may be more appropriate based on employment duration and nature.
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