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IRSHAD ALI
Hori Lal – Appellant
Versus
Presiding Officer Central Govt. Industrial Tribunal Cum L. C. – Respondent
JUDGMENT :
1. Heard Sri Pramendra Kumar Singh, learned counsel for the petitioners and Sri Anurag Srivastava, learned counsel for the respondents.
2. By means of present writ petition, the petitioners have prayed for issuance of a writ, order or direction in the nature of mandamus commanding the respondent Nos.2 to 5 to treat the petitioners to be re-instated in service on the post of Messenger / Water boy from the date of their initial appointment and pay service benefits like seniority, promotion and other allowances as per service rules and to direct the respondents to pay equal pay to the petitioners as the other employees of the Banks are getting on the said post with a further prayer to issue a writ, order or direction modifying the award dated 26.05.1997 passed by respondent No.1 directing respondent Nos.2 to 5 to pay back wages and other benefits as per service rules applicable to the petitioners.
3. Brief facts giving rise to the present writ petition are as under:
| Sr. No. | Relevant Facts of the Case |
| a. | Petitioner No.1, namely, Hori Lal was appointed on temporary basis on the post of Messenger in May, 1972 in State Bank of India, Swaroop Nagar Branch, Kan |
The main legal point established in the judgment is that while the petitioners were entitled to reinstatement, the denial of back wages was upheld based on the nature of the work and the fact that th....
In cases of wrongful termination, reinstatement with continuity of service and backwages is the normal rule, and the employer should not be relieved of the burden to pay the employee's dues.
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.
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....
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....
In cases of wrongful termination, reinstatement with back wages is the normal rule unless the employer proves the employee was gainfully employed during the termination period.
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