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The Management Of vs A.M.Sekar on 6 June, 2011

57. The reliance placed by the learned counsel for the Management on the judgment in Ashok Kumar Sharma v. Oberoi Flight Services, AIR 2010 SC 502 has no application to the facts of the present case. That was a case where in respect of misconduct against the employee who carried a spoon in his shoe from work area when he was terminated without enquiry, instead of directing reinstatement, a direction for payment of compensation was ordered.
Madras High Court Cites 36 - Cited by 1 - P Jyothimani - Full Document

C/O. Shri G. S. Bisht vs M/S. Salaam Baalak Trust on 28 April, 2018

11. For the reasons herein-above, the matter has been factually appreciated and reconsidered to hold that the workman is not entitled for reinstatement with back-wages. Upon due consideration of the judgment rendered in the case of Ashok Kumar Sharma v. Oberoi Flight Services, (2010) 1 Supreme Court Cases 142 and other judgments in this regard, LID No.2607/16/04 Page no.43 28.04.2018 the workman is entitled to adequate compensation in lieu of reinstatement with back-wages, to meet the ends of justice. The workman is entitled to recover a composite compensation of Rs.2,00,000/- for illegal/unjustified termination of his services by the management and for consequences thereof/back-wages, in lieu of reinstatement, to meet the ends of justice. Management shall be further liable to pay an interest @9% p.a. from date of Award till its realization, if the awarded amount is not paid within one month of the Award coming into force.
Delhi District Court Cites 23 - Cited by 0 - Full Document
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