Id No.898/14 Mohan Kumar vs M/S Expectation Page No. 1 Out Of 11 on 20 January, 2015
In Municipal Council, Sujanpur Vs. Surinder Kumar
2006 LLR 662, Hon'ble Supreme Court observed that the relief of
reinstatement is not automatic but is in the discretion of the court. In
paragraph 16, it was observed as under :
ID No.898/14 Mohan Kumar Vs M/s Expectation Page No. 6 out of 11
"Apart from the aforementioned error of law, in our
considered opinion, the Labour Court and consequently
the High Court completely misdirected themselves
insofar as they failed to take into consideration that relief
to be granted in terms of section 11A of the said Act
being discretionary in nature, a Labour Court was
required to consider the facts of each case therefor. Only
because relief by way of reinstatement with full back
wages would be lawful, it would not mean that the same
would be granted automatically".