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SANJAY VASHISTH
Rajesh Kumar @ Rajesh (deceased) – Appellant
Versus
Presiding Officer, Industrial Tribunal, Hisar – Respondent
JUDGMENT
Mr. Sanjay Vashisth, J. (Oral)
Present writ petition has been directed at the instance of the petitioner - workman against the award dated 12.03.2013 (Annexure P-12), passed by respondent No.1 - Presiding Officer, Industrial Tribunal, Hisar (in short, 'learned Tribunal') whereby, relief of reinstatement with continuity in service along with full back-wages, has been declined to the petitioner - workman, and instead, a lump-sum compensation has been provided.
2. Reference under Section 10(1)(C) of the Industrial Disputes Act, 1947 (in short, 'ID Act'), has been answered partly in favour of the petitioner - workman (presently being represented through his legal representatives), by observing that the termination of service of the petitioner was in violation of the provisions of Section 25F of the ID Act. However, without order for reinstatement, lump-sum amount of compensation i.e. Rs. 1,40,000/- (Rs. 1,30,000/- + Rs. 10,000/-), has been awarded.
3. While referring to the letter dated 16.10.2002 (Annexure P- 4), counsel for the petitioner submits through said letter, respondent - Management (Haryana Seeds Development Corporation Ltd.), had directed Manager to disengage the pet
Compensation, rather than reinstatement, is appropriate for daily wage workers whose termination is found illegal due to procedural defects, especially when no mala fide intent is established.
Monetary compensation is preferred over reinstatement for daily wage workers whose termination is found illegal, especially after significant delays.
Monetary compensation can be awarded instead of reinstatement for daily wage workers whose termination is found illegal due to procedural defects, as reinstatement is not automatic.
Monetary compensation, not reinstatement, is appropriate for daily wage workers upon finding illegal terminations; reinstatement is not automatic even when procedural violations are confirmed.
Compensation in lieu of reinstatement is warranted where termination violates Section 25F, reflecting a judicial trend favoring monetary relief over automatic reinstatement, particularly for daily wa....
Reinstatement of daily wage workers is not automatic upon illegal termination; monetary compensation may be awarded instead, particularly when procedural violations occur.
Reinstatement of a daily wage worker is not automatic upon illegal termination; monetary compensation may be awarded instead, particularly considering the worker's age and service duration.
Reinstatement is not automatic for daily wage workers upon illegal termination; compensation can be awarded instead, reflecting the length of service.
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