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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARSIMRAN SINGH SETHI
Vinay Gupta – Appellant
Versus
Presiding Officer, Industrial Tribunal, Patiala – Respondent
JUDGMENT :
Harsimran Singh Sethi, J.
In the present petition, challenge is against the award dated 02.09.2013 (Annexure P/8) passed by the Presiding Officer, Industrial Tribunal, Patiala on the ground that the compensation awarded is inadequate in contrast to the length of service rendered by the petitioner-Workman
2. Learned counsel for the respondents submits that the Tribunal while adjudicating upon the issue has kept in view the totality of circumstances and the evidence which have come on record and as such, the compensation has already been awarded by the Tribunal hence, the plea that the same is inadequate, may kindly be rejected.
3. I have heard learned counsel for the parties and have gone through the record with their able assistance.
4. The question as to how the compensation should be assessed in view of the reinstatement, is no longer res integra. The Division Bench of this Court while passing order in LPA No.1326-2023 titled as Pardeep Kumar Sharma vs. Commissioner and Secretary to Govt. Of Haryana and others, decided on 09.04.2024 held as under:-
20. The Apex Court has laid down the principles that instead of reinstatement, compensation should be awarded. Reference can be
The main legal point established in the judgment is that the enhancement of compensation for part-time employment is justifiable based on the length of service and the status of the employee, as per ....
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.
Reinstatement is not automatic in cases of delayed disputes; monetary compensation may be awarded instead, especially for procedural violations under the Industrial Disputes Act.
Monetary compensation is preferred over reinstatement for daily wage workers whose termination is found illegal, especially after significant delays.
Reinstatement is not automatic for daily wage workers upon illegal termination; compensation can be awarded instead, reflecting the length of service.
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....
Monetary compensation, not reinstatement, is appropriate for daily wage workers upon finding illegal terminations; reinstatement is not automatic even when procedural violations are confirmed.
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