1985 (4) TMI 2

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....legal and/or unjustified and if so to what relief are they entitled ?" The Labour Court, after an exhaustive and in-depth examination of rival contentions, held that the termination of services of the afore-mentioned two workmen constituted retrenchment within the meaning of section 25F read with section 2(oo) of the Industrial Disputes Act, 1947 ("Act", for short), and as the provisions of section 25F have not been complied with, the termination of service would be bad and illegal. The Labour Court then proceeded to examine whether the relief of reinstatement should be granted or compensation in lieu of reinstatement should be given. The Labour Court held that "even where section 25F of the Industrial Disputes Act is not complied with and....

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.... A. K. Roy [1971] 40 FJR 292). In the present case, the Labour Court having held that the termination of services of the appellants would constitute retrenchment and as the prerequisite for a valid retrenchment having not been satisfied, the termination of service was bad, yet in the facts of the case in his discretion declined to grant the relief of reinstatement. Whenever it is said that something has to be done within the discretion of the authority then that something has to be done according to the rules of reason and justice and not according to private opinion, according to law and not humour. It is to be not arbitrary, vague and fanciful but legal and regular and it must be exercised within the limit to which an honest man in the d....

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....ompany. The workmen were loaders posted at Delhi Airport. In this farfetched hierarchical relationship, loss of confidence, if it is to be considered relevant factor, would have hardly impressed us. However, as the workmen are out of job from 30th August, 1973, i.e., roughly for a period of 12 years, it is in their own interest that instead of reinstatement in service under an unwilling, if not a hostile employer, adequate compensation would meet the ends of justice. Therefore, in the special facts and circumstances of this case, though disagreeing with the reasons given by the Labour Court for declining to grant the normal relief of reinstatement, we uphold the same but the meagre compensation awarded by the Labour Court, namely, one year&....

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....s to deduct the incometax as provided by section 192, we would like to make it abundantly clear that each appellant would be entitled to the relief under section 89 of the Incometax Act, which provides that where, by reason of any portion of the assessee's salary being paid in arrears or in advance or by reason of his having received in any one financial year salary for more than 12 months or a payment which under the provisions of clause (3) of section 17 is a profit in lieu of salary, his income is assessed at a rate higher than that at which it would otherwise have been assessed, the Income-tax Officer shall, on an application made to him in this behalf grant such relief as may be prescribed. The prescribed relief is set out in rule ....