Haryana Urban Development Authority vs Om Pal on 10 April, 2007
In the case of Haryana Urban Development Authority v. Om
Pal, 2007(2) SCT 749, it was held that despite a wide discretionary power
conferred upon the Industrial Courts under Section 11A of the 1947 Act, the
relief of reinstatement with full back-wages should not be granted
automatically only because it would be lawful to do so. Grant of relief would
depend on the fact situation obtaining in each case. It will depend upon
several factors; one of which would be as to whether the recruitment was
effected in terms of the statutory provisions operating in the field, if any.