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)