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Sri Jayanti Prasad Shukla Son Of Sri Ram ... vs The Presiding Officer, Labour Court ... on 21 December, 2006

In such situation the proper course is to award consolidated compensation / damages as held by the Supreme Court in Nagar Maha Palika v. State of U.P and Ors. and Haryana SEDC v. Mamni. In the first case of Nagar Maha Palika retrenchment was found to be illegal for non-compliance of provisions of Section 6-N. In the said case Labour Court had awarded reinstatement with full back wages however the Supreme Court set-aside the said order and awarded damages of Rs. 30000/. In the second case termination of service for one or two days after 89 days on three or four occasions was found to be not bonafide and adopted to defeat the object of the Act. It was also found that it was necessary to comply with the provisions of Section 25F of Industrial Disputes Act (equivalent to Section 6-N of U.P I.D Act) at the time of termination which was not done still the Supreme Court instead of reinstatement awarded damages of Rs. 25000/-. In the said case also Labour Court had directed reinstatement with full back wages and High Court had dismissed the writ petition directed against the said award.
Allahabad High Court Cites 4 - Cited by 3 - Full Document
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