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SANJAY VASHISTH
State of Punjab – Appellant
Versus
Kamaljit – Respondent
JUDGMENT
Mr. Sanjay Vashisth, J. (Oral)
By way of present writ petition, petitioner - State of Punjab, Department of Forests & Wildlife Chandigarh through its Secretary and others, have challenged the award dated 28.10.2013 (Annexure P-6), passed by respondent No.2 - Presiding Officer, Industrial Tribunal, Jalandhar (for brevity, 'learned Tribunal'), whereby, Reference No.869 of 2002, under Section 10(1)(C) of the Industrial Disputes Act, 1947 (in short, 'ID Act'), has been answered in favour of respondent No.1 - Kamaljit w/o Des Raj (work-woman).
In the award (P-6), learned Tribunal held that the termination of the work-woman is bad in law, and thus, entitled her to reinstatement on the same post with continuity of service from October 1998, with 50% back-wages from the date of demand notice.
2. Pleaded case of the work-woman is that she initially joined the service of Management as 'labourer' in the year 1990, and continuously worked till 31.12.2000. On the date of termination from service, w.e.f. 01.01.2001, she was drawing wages of Rs. 2035/- per month. Since, she had worked for more than 240 days in the preceding 12 months prior to her termination; the Management was required to
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....
there is a breach of Section 25-F of the I.D. Act and as there is a delay of 11 years in preferring the reference, instead of granting reinstatement a lump sum amount as full and final settlement wil....
Once violation of Sections 25(F), (G) and (H) of the Industrial Disputes Act is established, reinstatement should follow, as per the decision in Gauri Shanker vs. State of Rajasthan.
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
Reinstatement of workmen after illegal termination is not automatic; monetary compensation may be granted instead based on specific circumstances and legal precedents.
In cases of illegal termination, reinstatement with back wages is the norm, but courts may instead award reasonable compensation based on the context of service and misconduct.
Labour Court has held against the workman on the basis that the documents like pay sleep, muster roll etc. are not produced. But, at this juncture, it is require to peruse the oral evidence of the wo....
The main legal point established in the judgment is that the employer must follow the relevant provisions of the I.D. Act before terminating the service of an employee, and failure to do so may entit....
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