2014 (1) TMI 1977

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... of S.L.P.(C) No. 11892 of 2009, CIVIL APPEAL NO. 117 OF 2014 (arising out of S.L.P.(C) No. 27996 of 2009, CIVIL APPEAL NO. 118 OF 2014 (arising out of S.L.P.(C) No. 36384 of 2009, CIVIL APPEAL NO. 119 OF 2014 (arising out of S.L.P.(C) No. 5501 of 2010 Hon'ble Mr. Justice Chandramauli Kr. Prasad And Hon'ble Mr. Justice Pinaki Chandra Ghose For the Petitioner(s) : Mr. R.D. Agrawala, Sr. Adv. Mr Pavan Kumar, Adv. Mr. Prithvi Pal, Adv. Mr. Ajay Kumar, Adv. for Mr. Rajiv Tyagi, Adv. For the Respondent(s) : Mrs Rani Chhabra, Adv. Ms. Priyanka Sony, Adv. Mr. M.K. Choudhary, Adv. Mr. Pankaj Jain, Adv. Ms. Namita Choudhary, Adv. Mr. Yudhister Bhardwaj, Adv. Mr. S.K. Verma, Adv. Mr. Rohit Kumar Singh, Adv. Mr. Santosh Mishra, Adv. Mr. Alok ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....d that even if the order dated 10-2-1987 amounts to illegal termination for want of compliance with Section 25-F of ID Act, in the facts and circumstances of the case, reinstatement and back wages was not justified and at best monetary compensation to the workmen could have been awarded. 9. In last few years it has been consistently held by this Court that relief by way of reinstatement with back wages is 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. (See U.P. State Brassware Corpn. Ltd. v. Uday Narain Pandey (2006) 1 SCC 479; Uttaranchal Fore....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....h Court erred in granting relief of reinstatement to the respondent. The respondent was engaged as a daily wager in 1978 and his engagement continued for about 7 years intermittently up to 6.9.1985 i.e. about 25 years back. In a case such as the present one, it appears to us that relief of reinstatement cannot be justified and instead monetary compensation would meet the ends of justice. In our considered opinion, the compensation of Rs. 1,00,000 (Rupees one lakh) in lieu of reinstatement shall be appropriate, just and equitable. We order accordingly. Such payment shall be made within 6 weeks from today failing which the same shall carry interest at the rate of 9% per annum." Learned counsel for the respondents, however, submit that once....