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GURPAL SINGH AHLUWALIA
Commissioner M. P. Housing Board – Appellant
Versus
Haricharan – Respondent
ORDER
1. This petition under Article 227 of the Constitution of India has been filed seeking the following reliefs :-
(i) Call for the records of the case.
(ii) Set-aside the impugned award dated 9.1.2020 passed by the learned Labour Court, Bhopal in New Case No.108/18 I.D. Ref (Old Case No.39/03 I.D. Ref.)
(iii) Any other appropriate writ/order/direction, which this Hon’ble Court may deem fit and proper also kindly be issued in the interest of justice.
2. It is submitted by counsel for the petitioners that Labour Court has setaside the order of termination on the ground that since retrenchment compensation was paid through cheque and not in cash, therefore, there was no substantial compliance in the light of the judgment passed by the Supreme court in the case of Anoop Sharma v. Executive Engineer, Public Health Division No.1, Panipat (Haryana) reported in (2010) 5 SCC 497.
3. Challenging the aforesaid order, it is submitted by counsel for the petitioners that it is an undisputed fact that along with an order of termination, cheque of one month salary along with compensation was given to the workman and that aspect has also been admitted by him in cross-examination. The fact
Relief by way of reinstatement with backwages is not automatic and may be wholly inappropriate in a given fact situation even though the termination of an employee is in contravention of the prescrib....
Statutory compliance under Sections 25(F) and 25(G) of the Industrial Disputes Act is crucial in retrenchment cases for legality, with repercussions for failure to adhere to these provisions.
Reinstatement following illegal termination does not guarantee back wages; compensation may be awarded based on service duration and other considerations.
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 main legal point established in the judgment is the mandatory nature of Section 25F of the Industrial Dispute Act, which requires full and complete payment of compensation without any unauthorize....
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