Vijay Pal vs Management Of M/S Panorma Export Pvt. ... on 16 May, 2012
In the case of Surendra Kumar Verma v. Central Govt. Industrial
Tribunal-cum-Labour Court : (1981)ILLJ386SC , this Court has
observed that the plain common sense dictates that the removal
order terminating the services of workmen must ordinarily lead to
the reinstatement of the services of the workmen. It is as if the order
has never been, and so it must ordinarily lead to back wages too. But
there may be exceptional circumstances which make it impossible or
wholly inequitable vis-`-vis the employer and workmen to direct
reinstatement with full back wages. For instance, the industry might
have closed down or might be in severe financial doldrums; the
workmen concerned might have secured better or other employment
elsewhere and so on. In such situations, there is a vestige of
W.P. (C) 14156/2006 Page 24 of 35
discretion left in the court to make appropriate consequential orders.
The court may deny the relief of reinstatement where reinstatement is
impossible because the industry has closed down. The court may
deny the relief of award of full back wages where that would place
an impossible burden on the employer. In such and other exceptional
cases the court may mould the relief.