Ashok Kumar Sharma vs Oberoi Flight Services on 6 November, 2009
28. The relief of reinstatement is not automatic where ever
DID 10/13 Mohar Singh Vs. M/s Lancer Convent Senior Secondary School Page no.18 out of 24
termination has been held illegal. It depend upon fact and
circumstances of each case. This view is also strengthen by
judgment of "Ashok Kumar Sharma v. Oberoi Flight
Services"AIR 2010 SUPREME COURT 502 where in Supreme
Court while rely upon various judgements of Supreme Court held
compensation in lieu of reinstatement or back wages would be
appropriate. The relevant para of judgement is reproduced as
below:
"8.