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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
TRIBHUVAN DAHIYA
DPSG Gurugram – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Tribhuvan Dahiya, J.
The petition has been filed, inter alia, seeking a writ of certiorari quashing the judgment, dated 08.01.2018, passed by District Judge-cum-Appellate Tribunal, Gurugram, setting aside the second respondent's termination order dated 17.09.2016, and holding him entitled to reinstatement in service with immediate effect with full back wages/salary along with interest at the rate of six per cent per annum from the date of his termination.
2. Facts of the case in brief are, the second respondent was appointed as co-curricular teacher at Chiranjiv Bharati School, Sushant Lok, vide letter of appointment dated 12.09.2011, Annexure P-1. He was confirmed in service as PRT-Physical Education Teacher vide letter dated 15.01.2013, Annexure P-2; after confirmation, the appointment could be determined by giving three months' notice as per clause 27 of the terms of appointment.
2.1. Chiranjiv Bharati School was taken-over by the petitioner Society with effect from 01.04.2016, as also the second respondent's services on the terms and conditions he was initially appointed. After working for some time, the petitioner served one month notice upon the second respondent for n
Point of Law - In view of the above provisions of the Act, 1972 it emerges that due to fault of the management of the School the petitioner cannot be penalized by not granting the protection under Se....
The main legal point established is that in cases of illegal termination of daily-wage workers, reinstatement is not automatic, and the court may award compensation in lieu of reinstatement based on ....
Termination of a workman on a contractual basis may not constitute retrenchment if the employment is of a permanent nature, and unfair labor practices may warrant compensation instead of reinstatemen....
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.
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....
Compensation in lieu of reinstatement is justified when the termination is found to be illegal and the employee is not entitled to regularization.
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