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ALOK MATHUR
Ganga – Appellant
Versus
Presiding Officer Industrial Tribunal-2 Lko – Respondent
JUDGMENT
Alok Mathur, J.
Since all the aforesaid writ petition arise out of the same judgment, as such, the all the writ petitions are being heard together and are being decided by a common judgment.
2. Heard Shri Amar Nath Tripathi, learned counsel appearing for petitioners in Writ-C Nos. - 7757 of 2018, 7755 of 2018, 7758 of 2018 and 7756 of 2018, learned Additional Standing Counsel appearing for State and perused the material available on record.
3. Learned Additional Chief Standing Counsel appearing for State/petitioners in Writ-C Nos. 28362 of 2018, 28387 of 2018, 28393 of 2018 and 28398 of 2018 and Shri Amar Nath Tripathi, learned counsel appearing for respondents and perused the material available on record..
4. Since all the aforesaid writ petitions are being heard together, inasmuch as, in all the aforesaid matters, the order dated 20.09.2017 passed by the learned Industrial Tribunal, Lucknow has been assailed.
5. Writ-C Nos. - 7757 of 2018, 7755 of 2018, 7758 of 2018 and 7756 of 2018, has been filed by the workmen being aggrieved by the order of the Industrial Tribunal where only compensation of Rs. 1,00,000/- has been awarded to them while their prayer is that they should
The court affirmed that the Agriculture Farm is an industry under the U.P. Industrial Disputes Act, and wrongful termination mandates reinstatement and back-wages for long-term employees.
Point of Law : Consolidated and lump sum amount of compensation could have served the purpose to console respondent whose services were terminated, not only in the light of documents but also conside....
The Irrigation Department is classified as an industry under the Uttar Pradesh Industrial Disputes Act, 1947, and termination without compliance with statutory provisions is unlawful.
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.
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.
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