Moti Lal Nehru Farmers Training Institute, Jaipur
Development Authority v. Ramsahai, GDA v.
Ashok Kumar and Mahboob Deepak v. Nagar
Panchyat, Gajraula and stated as follows: (Jagbir
Singh case, SCC pp.330 & 335 paras 7 & 14)
"It is true that the earlier view of this Court
articulated in many decision reflected the legal
position that if the termination of an employee
was found to be illegal, the relief of reinstatement
with full back wages would ordinarily follow.
However, in recent past, there has been a shift in
the legal position and in a long line of cases, this
Court has consistently taken the view that relief
by way of reinstatement with back wages is not
automatic and may be wholly inappropriate in a
given fact situation even though the termination
of an employee is in contravention of the
prescribed procedure. Compensation instead of
reinstatement has been held to meet the ends of
justice.
In Jagbir
Singh v. Haryana State Agriculture Marketing Board and Anr., the
Apex Court noted that in catena of decisions, the Apex Court took a
view that relief by way of reinstatement with back-wages is not
automatic and even when an order of retrenchment passed in violation
of Section 25-F of the Act is set aside, award of reinstatement should
not be automatically passed. The Apex Court noted and emphasize the
distinction between a daily-wager who does not hold a post and a
permanent employee.
Moti Lal Nehru Farmers Training Institute, Jaipur
Development Authority v. Ramsahai, GDA v.
Ashok Kumar and Mahboob Deepak v. Nagar
Panchyat, Gajraula and stated as follows: (Jagbir
Singh case, SCC pp.330 & 335 paras 7 & 14)
"It is true that the earlier view of this Court
articulated in many decision reflected the legal
position that if the termination of an employee
was found to be illegal, the relief of reinstatement
with full back wages would ordinarily follow.
However, in recent past, there has been a shift in
the legal position and in a long line of cases, this
Court has consistently taken the view that relief
by way of reinstatement with back wages is not
automatic and may be wholly inappropriate in a
given fact situation even though the termination
of an employee is in contravention of the
prescribed procedure. Compensation instead of
reinstatement has been held to meet the ends of
justice.
Moti Lal Nehru Farmers Training Institute, Jaipur
Development Authority v. Ramsahai, GDA v.
Ashok Kumar and Mahboob Deepak v. Nagar
Panchyat, Gajraula and stated as follows: (Jagbir
Singh case, SCC pp.330 & 335 paras 7 & 14)
"It is true that the earlier view of this Court
articulated in many decision reflected the legal
position that if the termination of an employee
was found to be illegal, the relief of reinstatement
with full back wages would ordinarily follow.
However, in recent past, there has been a shift in
the legal position and in a long line of cases, this
Court has consistently taken the view that relief
by way of reinstatement with back wages is not
automatic and may be wholly inappropriate in a
given fact situation even though the termination
of an employee is in contravention of the
prescribed procedure. Compensation instead of
reinstatement has been held to meet the ends of
justice.
Ashok Kumar and Mahboob Deepak v. Nagar
Panchyat, Gajraula and stated as follows: (Jagbir
Singh case, SCC pp.330 & 335 paras 7 & 14)
"It is true that the earlier view of this Court
articulated in many decision reflected the legal
position that if the termination of an employee
was found to be illegal, the relief of reinstatement
with full back wages would ordinarily follow.
However, in recent past, there has been a shift in
the legal position and in a long line of cases, this
Court has consistently taken the view that relief
by way of reinstatement with back wages is not
automatic and may be wholly inappropriate in a
given fact situation even though the termination
of an employee is in contravention of the
prescribed procedure. Compensation instead of
reinstatement has been held to meet the ends of
justice.
Ashok Kumar and Mahboob Deepak v. Nagar
Panchyat, Gajraula and stated as follows: (Jagbir
Singh case, SCC pp.330 & 335 paras 7 & 14)
"It is true that the earlier view of this Court
articulated in many decision reflected the legal
position that if the termination of an employee
was found to be illegal, the relief of reinstatement
with full back wages would ordinarily follow.
However, in recent past, there has been a shift in
the legal position and in a long line of cases, this
Court has consistently taken the view that relief
by way of reinstatement with back wages is not
automatic and may be wholly inappropriate in a
given fact situation even though the termination
of an employee is in contravention of the
prescribed procedure. Compensation instead of
reinstatement has been held to meet the ends of
justice.
Moti Lal Nehru Farmers Training Institute, Jaipur
Development Authority v. Ramsahai, GDA v.
Ashok Kumar and Mahboob Deepak v. Nagar
Panchyat, Gajraula and stated as follows: (Jagbir
Singh case, SCC pp.330 & 335 paras 7 & 14)
"It is true that the earlier view of this Court
articulated in many decision reflected the legal
position that if the termination of an employee
was found to be illegal, the relief of reinstatement
with full back wages would ordinarily follow.
However, in recent past, there has been a shift in
the legal position and in a long line of cases, this
Court has consistently taken the view that relief
by way of reinstatement with back wages is not
automatic and may be wholly inappropriate in a
given fact situation even though the termination
of an employee is in contravention of the
prescribed procedure. Compensation instead of
reinstatement has been held to meet the ends of
justice.
Moti Lal Nehru Farmers Training Institute, Jaipur
Development Authority v. Ramsahai, GDA v.
Ashok Kumar and Mahboob Deepak v. Nagar
Panchyat, Gajraula and stated as follows: (Jagbir
Singh case, SCC pp.330 & 335 paras 7 & 14)
"It is true that the earlier view of this Court
articulated in many decision reflected the legal
position that if the termination of an employee
was found to be illegal, the relief of reinstatement
with full back wages would ordinarily follow.
However, in recent past, there has been a shift in
the legal position and in a long line of cases, this
Court has consistently taken the view that relief
by way of reinstatement with back wages is not
automatic and may be wholly inappropriate in a
given fact situation even though the termination
of an employee is in contravention of the
prescribed procedure. Compensation instead of
reinstatement has been held to meet the ends of
justice.