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KSHITIJ SHAILENDRA
Narendra Kumar – Appellant
Versus
Presiding Officer Labour Court U. P. Meerut – Respondent
JUDGMENT :
Kshitij Shailendra, J.
Heard Shri Devendra Pratap Singh, learned counsel for the petitioners, learned Standing Counsel for the State-respondents and Shri Diptiman Singh for the respondent No. 2-M/s Triveni Engineering Works Ltd., Sugar Unit-Khatauli, District-Muzaffar Nagar.
2. This writ petition is directed against the award of the Labour Court dated 19.2.2014 whereby the workmen have been awarded a lump-sum amount of compensation of Rs. 50,000/- except petitioner No. 1-Shri Narendra Kumar who has been awarded compensation to the extent of Rs. 6524/-.
3. The employer in this case is a sugar industry and it engages labour/workmen on the basis of categorization made in the Standing Order.
4. The case is of the petitioners is that they were engaged by the industry and work was taken from them and despite the fact that they had completed 240 days work, their services were orally terminated in the year 1992 without following due process of law and in violation of the provisions of U.P. Industrial Disputes Act-1947 (in short 'the Act-1947').
5. Reference was made to the Labour Court and the case was registered as Adjudication Case No. 38 of 1999 as the leading case alongwith variou
The court established that reinstatement is not an automatic remedy for violations of employment termination laws; compensation may be more appropriate based on employment duration and nature.
Reinstatement for daily wage workers is not automatic and must be assessed on a case-by-case basis, considering service duration and delay in raising disputes.
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.
Monetary compensation, not reinstatement, is appropriate for daily wage workers upon finding illegal terminations; reinstatement is not automatic even when procedural violations are confirmed.
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....
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
However, wherever it is found that similarly situated workmen are regularized by the employer itself under some scheme or otherwise and the workmen in question who have approached Industrial/Labour C....
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