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SANJAY DWIVEDI
Vijay Singh – Appellant
Versus
State of M. P. – Respondent
ORDER
1. With the consent of learned counsel for the parties, the petition is finally heard.
2. In this petition filed under Article 227 of the Constitution of India, the assail is to an award dated 8.8.2008 (Annexure-P/12) pronounced on 28.11.2008 whereby the Presiding Officer, Labour Court, Rewa, while deciding the industrial dispute on a reference made by the Labour Commissioner has decided the reference holding therein that the order passed by the respondent/Department terminating the petitioner’s services was illegal as the retrenchment was made without following the proper procedure. At the same time, it has also been observed that the petitioner is neither entitled to be reinstated in service nor to get any back-wages. However, the petitioner was found entitled to get compensation to the tune of Rs.20,000/-.
3. As per the facts of the case, the petitioner was appointed as a Guard (Labour) in the office of respondent No.3 in the year 1984 and thereafter, a letter was issued by the officer of the respondent/Department on 15.10.1989 asking the petitioner to work at Chapila Chowki.
(3.1) An association of the labourers known as Bhrastachar Unmoolan Sangthan was formed, in which, the
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 judgment emphasizes the importance of compliance with the Industrial Disputes Act in cases of termination, highlighting the distinction between different types of appointments and the need for ev....
Monetary compensation, not reinstatement, is appropriate for daily wage workers upon finding illegal terminations; reinstatement is not automatic even when procedural violations are confirmed.
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