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"After lapse of more than 21 years and attaining the age of superannuation whether granting of compensation is the only remedy for workman instead of reinstatement and back wages."

2. That after wrongful/ illegal termination of Respondent on 08.12.2003 the appropriate government referred the matter for adjudication to Labour Court. The first award (ex-parte) dated 10.02.2006 was set aside on 31.03.2009 by the Hon'ble High Court of Delhi with remand back to Labour Court for fresh adjudication which culminated in the impugned award dated 15.05.2018.

62. However, as stated by the Hon'ble Supreme Court in catena of judgments, including Deepali Gundu Surwase v. Kranti Junior Adhyapak Mahavidyalaya2 , in cases of wrongful termination of services, reinstatement with continuity of services and full back wages is the normal rule. However, a transformative principle has been developed over the period and the jurisprudence qua the same has shifted in the recent times, where the ordinary rules of reinstatement cannot be applied automatically or mechanically to all cases of wrongful termination, thereby, granting the relief of compensation in lieu of reinstatement.

85. Upon perusal of the same, this Court has arrived at the conclusion that there was no project in existence in Delhi as on 28th May, 2003 and that the Management has the power to transfer the workmen to Chennai at any occasion. Although it was claimed by the Management that the workmen were offered to get transferred to Chennai and the same was refused by them, the Management failed to substantiate the said claim with any material proof. Thus, it is inferred by the testimonies of the workmen that no communication with that regard has been provided by the Management, thereby, amounting to wrongful and illegal termination of the services of the workmen herein.