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Reinstatement with back wages is not justified in all Cases

Raj Kumar Makkad ,
  08 July 2010       Share Bookmark

Court :
Supreme Court of India
Brief :
Retrenchment - Section 25 F of Industrial Dispute Act,1947 - Services of Workmen engaged as as casual in Central Telegraph Office Telegraph Office, Bhopal discontinued - Reinstatement - Whether relief of reinstatement and back wages justified?
Citation :
Senior Superintendent Telegraph (Traffic) Bhopal v. Santosh Kumar Seal and Ors. (Decided on 26.04.2010) MANU/SC/0292/2010

Held, it has been consistently held by this Court that relief by way of reinstatement with back wages not automatic even if termination of an employee is found to be illegal or is in contravention of the prescribed procedure and that monetary compensation in lieu of reinstatement and back wages in cases of such nature may be appropriate. Ratio in the case of Jagbir Singh v. Haryana State Agriculture Marketing Board and Anr. followed. If the termination of an employee was found to be illegal, the relief of reinstatement with full back wages would ordinarily follow. workmen were engaged as daily wagers about 25 years back and they worked hardly for 2 or 3 years, relief of reinstatement and back wages to them cannot be said to be justified and instead monetary compensation would sub serve the ends of justice. Compensation of Rs. 40,000/- to each of the workmen shall meet the ends of justice. Appeal Allowed.


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Published in Labour & Service Law
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