Reinstatement Case Laws - 2011

Merely because the appointment was contrary to the recruitment rules, reinstatement with back-wages can't be denied to the employee who was appointed on consolidated salary and continued to work for two years and termination was found illegal.
Devinder Singh vs. Municipal Council, Sanaur.2011 LLR 785 (S.C.)

reinstatement by the employer.
Nagar Palika Nigam, Khandwa vs. Tulsiram and Another. 2011 LLR 405 (MP HC)
Even though the retrenchment may be illegal and unjustifiable, that itself does not create a right of reinstatement with full employment benefits and back wages.
Kripa Ram vs. Secretary H.P. State Board. LLN (1) 2011 P. 264 (MP HC)

Non payment of retrenchment compensation at the time of termination does not mean that such workman will be automatically reinstated.
National Small Industries, Kashmipur vs. Labour Court, Haldwani and Another. 2011 LLR 419 (Uttarakhand HC)

Compensation instead of reinstatement is justified when employee was terminated according to terms of appointment though Section-25F was not complied with.
Ramesh Singh Rajput vs. Castrol India Ltd. and Another. 2011 LLR 505 (Del. HC)

Striking off name of workman from roll due to absence without notice or retrenchment compensation will be illegal. Compensation instead of reinstatement would be proper.
Mayank Desai vs. Sayaji Iron & Engg. Co. Ltd.& Anr. 2011 LLR 536 (Guj. HC)

In case of illegal termination, compensation in lieu of reinstatement and back wages will be proper.
State of Chhattisgarh & Anr. vs. Umendi & Ors. 2011 LLR 581 (Chattis. HC)

Charge of misappropriation is not mitigated by depositing the amount back. Reinstatement in such case with full back wages is improper and set aside.
S.B.I. vs. Hemant Kumar. 2011 LLR 449 (S.C.)

Even in the case of illegal termination, reinstatement with back wages is no longer a rule.
Bata India Ltd. vs. Fourth Industrial Tribunal, West Bengal and Others. 2011 LLR 68 (Cal. HC)

Reinstatement not proper of a bank cashier who is found guilty of misappropriation. Even no compassionate appointment for legal heir of such person.
B.K. Basavalingappa, since deceased by his L. Rs. vs. Chitradurga Gramin Bank, represented by its Chairman. 2011 LLR 189 (Karn. HC)

No reinstatement of Bus conductor who assaulted checking inspector and took back sold tickets.
Management of Pallavan Transport Corporation (represented by its General Manager), Chennai vs. (1) Anbazhagan (2) Presiding Officer, First Additional Labour Court, Chennai. 2010 (4) LLN 736 (Mad. HC)

Misconduct of negligence being negligible, reinstatement appropriate.
T.N. State Transport Corporation (K) Ltd. vs. P.O. Labour Court Trichy, 2011 LLR 284 (Mad. HC)

Workman is entitled to receive wages for the period from the date of order of reinstatement to the date of actual Reinstatement not the compensation will be appropriate relief to the malaria workers who have worked for more than 240 days of their disengagement and were not paid retrenchment compensation.
Smt. P. Pentamma vs. The Presiding Officer Labour Court, Guntur & Anr. 2011 Lab IC 1206 (A.P. HC)

Granting reinstatement would not be proper when the establishment has been closed down at the time of order hence the workman will get benefit of retrenchment compensation.
State of U.P. through Principal Secretary, Deptt. of Land Development vs. Vinay Kumar Maurya. 2011 (II) LLN 65 (All. HC)

Compensation in lieu of reinstatement with back wages can be granted by the court, to be calculated taking into consideration service putting by the workman.
Suresh Chander vs. Nagar Palika, Rajsamand & Anr. 2011 LLR 654 (Raj. HC)

At the age of 57, employee should be awarded monetary compensation instead of reinstatement.
State Bank of Patiala vs. Union of India & Ors. 2011 LLR 701 (All. HC)

When a worker is dismissed from service in view of his conviction for an offence involving moral turpitude, he may be reinstated in service on his acquittal by the Appellate Court.
Maharashtra State Financial Corporation vs. Nimba Jagannath Tamboli. CLR I 2011 P. 1018 (Bom. HC)

Lump-sum Compensation in place of reinstatement would be appropriate where workman only worked for 3 years and 15 years have passed since termination.
Indian Acrylics Ltd. and Anr. vs. Presiding Officer, labour Court, Patiala and Ors. 2011 LLR 794 (P&H HC)

Relief of reinstatement with back-wages granted by labour court was upheld partially by the High Court restricting the same to reinstatement only. Back-wages was set aside because it should not be passed in a mechanical order.
Oghad Masri Rabari vs. State of Gujarat. 2011 LLR 811 (Guj. HC)

Reinstatement with full back wages proper in the case where employee got the loan and leave from the employer for under going bypass surgery but could not go because he was unable to arrange money demanded by the hospital. Such Act can't be termed as deceiving the employer and unauthorised absence. Termination on such misconduct is illegal.
Punjab National Bank and Others vs. Subhasini Das and Others. 2011 (129) FLR 812 (Cal. HC)

Though termination was held illegal and violative of standing orders of corporation, no reinstatement was ordered because workman reached the age of retirement by the time of order.
General Manager, Indian Oil Corpn. Ltd. vs. Ravindranath Mishra & Anr. LLJ II 2011 P. 802 (Patna HC)

Reinstatement set aside granted by labour court when workman (trainee) remained absent unauthorizedly and not responded to management call to report for duty. Employee lost the job of his own and not due to any wrong by management.
Surat Municipal Corporation vs. Aminesh Chandravadan Bodiwala. 2011 LLR 905 (Guj. HC)

Consequential reliefs on reinstatement would mean the back-wages on higher post.
Punjab Land Development and Reclamation Corporation Ltd. vs. Presiding Officer, Industrial Tribunal, Punjab and Another. 2011 LLR 1090 (P&H HC)

Reinstatement justified when retrenchment compensation was not paid to the employee.
Fosroc Chemicals (India) Ltd., through Jayesh B. Sarang vs. Satishbhai Tamakuwala. 2011 (I) CLR 848 (Guj. HC)

Reinstatement proper of female employee, who was dismissed for slapping security guard with chappal in self defence, when she was sexually harrassed by security guard.
Smt. Vijaya Jalali vs. HMT Limited & Ors. FLR (127) 2010 P. 651 (MP HC)

When petition of the employer, seeking approval for dismissal of a workman is rejected, the workman will be automatically entitled to reinstatement and he can claim wages under section 33C(2) of the Industrial Disputes Act.
P. Sundararaj vs. Presiding Officer, I Addl. Labour Court, Chennai and Another. 2011 (129) FLR 119 (Mad. HC)

In the case of loss of confidence, compensation instead of reinstatement would be appropriate.
Vajravelu vs. Management of Salem Steel Plant, Salem and Anr. 2011 LLR 269 (Mad. HC)

In lieu of reinstatement and back wages, compensation of Rs. 10,000/-is too meagre. Enhanced to Rs. 75,000/-
Rukshmaniben Hiralal Rajpopat vs. Rajkot Nagar Primary Education Committee. 2011 (131) FLR 872 (Guj. HC)
When employer denied duty to workman on reinstatement, employee will be entitled to salary for the period.
Panipat Co-operative Sugar Mills Ltd. vs. Presiding Officer, Labour Court, Ambala and Others. 2011 LLR 918 (P&H HC)

When the bus conductor was charged for taking money from passengers without issuing tickets but found short of cash or Rs. 8.50, charge can’t be believed to be proved. Dismissal illegal. Reinstatement
with 50% back wages appropriate.
Krishan Kumar Nagar vs. Management of M/s. Delhi Transport Corporation. 2011 LLR 1273 (Del. HC)

No reinstatement of a bank employee who showed lack of honesty and integrity.
Sagar Sadashiv Kasture, Pune vs. Central Bank of India, Bombay and Others. 2011 LLR 17 (Bom. HC)

No reinstatement with back wages to a workman who declined the offer of the employer during conciliation to take him back but without back wages.
Milestone (Franki Stall) Mumbai vs. Mathew D'souza & Anr. 2011 LLR 22 (Bom. HC)

Reinstatement with 50% back-wage will be appropriate when the employer, at the time of termination of service of the workman, did not comply with the conditions precedent as stipulated by section 25-F of the Industrial Disputes Act.
Chairman, Central Silk Board, Central Silk Complex, Bangalore and Another vs. Presiding Officer, Industrial Tribunal, Patna and Another. 2011 (III) LLJ 36 (Patna HC)

When a reinstated workman had worked from the date of his initial appointment, the earlier period will be counted for continuity of service hence the employer is directed to grant work-charge status to the workman alongwith interest on the unpaid amount.
Nanda Ram vs. State of H.P. and Ors. 2011 LLR 415 (HP HC)

Termination of daily wages beldars without paying retrenchment compensation is illegal. Reinstatement without back wages justified.
Yog Raj vs. State of H.P. and Others. 2011 (128) FLR 999 (HP HC)

When daily wage workman raised Industrial Dispute after 10 years, compensation of Rs. 25000/- in lieu of reinstatement would be proper. Reliefs rightly refused.
Mohd. Zakir S/o Sheikh Rahmatulla vs. Divisional Controller, Maharashtra State Road Transport Corporation, Amravati and Two Others. 2011 LLR 1023 (Bom. HC)

Lump-sum compensation equivalent to 6 months wages would be proper instead of reinstatement with 50% back wages in case of a workman of 4 year service.
State of U.P. and Another vs. Hind Majdoor Sabha, Meerut and Others. 2011 LLR 1024 (All. HC)

When the workman produced medical certificate of his disease while reporting for duty, his dismissal would be illegal and reinstatement with 25% back wages would be proper.
Employers in relation to the Management Sijua Colliery of M/s. Tata Steel Ltd. vs. Their Workman Dilip Kumar Singh. 2011 LLR 214 (Jharkhand HC)

Compensation and not reinstatement
justified in case where Tax Collectors
services were discontinued even in violation of sec. 6N of U.P. ID Act.
Nagar Palika, Shahjahanpur vs. Balram Mehrotra and Another. 2011 LLR 102 (All. HC)

When workman failed to establish his working of 240 days in a year and there is no breach of sec. 25F of ID Act, even assuming illegal termination, compensation and not reinstatement will be appropriate.
New Ambika Sahkari Mandali Ltd. (I.B.P. Dealers) vs. Charansinh Shiv Narayansinh Rajput. 2011 LLR 345 (Guj. HC)

Compensation instead of reinstatement proper when the workman reached age of superannuation and was disabled due to injuries and he was illegally terminated on the ground being unfit for service.
General Manager, Indian Oil Corporation Ltd., Begusarai & Anr. vs. Rebindra Natha Mishra & Anr. 2011 LLR 185 (Patna HC)

When a helper on daily wage after completion of 240 days was terminated without notice and compensation, reinstatement without back wages is proper.
Superintending Engineer, Rani Awanti Bai Sagar Project, Jabalpur and Others vs. Narayan Prasad Vishwakarma and Another. 2011 (128) FLR 907 (MP HC)
Twitter Delicious Facebook Digg Stumbleupon Favorites linkedin More