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Secretary, State Of Karnataka And ... vs Umadevi And Others on 10 April, 2006

The judgment titled as State of Karnataka Vs Umadevi has been considered by the Hon'ble Supreme Court of India in Hari Nandan Prasad and anr. Vs Employer I/R to Management of Food Corporation of India and anr., (2014) 7 Supreme Court Cases 190: 2014 SCC Online SC 132 whereby the Supreme Court of India had affirmed the fact that Uma Devi Judgment is applicable in the Industrial cases also. Thus, the court has to achieve the balance while adjudicating a particular dispute, keeping in mind that the Industrial Disputes are settled by Industrial adjudication on principles of fair play and justice. Thus, objective of Industrial Disputes Act has been achieved in the present case if the LIR No. 2043/16, Om Prakash Vs DTC                                                   09.05.2018                                                       Page No. 14 of 15        workman/ claimant is awarded compensation inserted of reinstatement because admittedly, the respondent had flouted the provision of Section 25-F of the Industrial Disputes Act. In such circumstances, I deem it appropriate to grant compensation to the workman instead of reinstatement. Considering the length of the service and the fact that the management has not paid his earned wages, back wages, gratuity and notice pay, this court has considered it fit to grant a lump sum amount of compensation of Rs. 90,000/-. The compensation shall be in lieu of above said benefit. The aforesaid amount shall be paid by the Respondent/Management within two months from the date this Award becomes enforceable, failing which the management shall also pay interest @ 9% per annum on the aforesaid amount from the date of Award till the date of realization.

Mr.Om Prakash vs Dtc, Gnct Delhi on 1 July, 2010

PRONOUNCED IN OPEN ATUL Digitally signed by ATUL KUMAR COURT ON 09.05.2018 KUMAR GARG Date: 2018.06.01 GARG 14:46:37 +0530 (ATUL KUMAR GARG) RESIDING OFFICER LABOUR COURT-XVI/ SOUTH WEST DISTRICT, DWARKA COURTS, NEW DELHI. LIR No. 2043/16, Om Prakash Vs DTC                                                   09.05.2018                                                       Page No. 15 of 15        LIR No. 2043/16, Om Prakash Vs DTC 09.05.2018 Present: Sh. Ashok Kumar Mishra, AR for the management. Vide my order dictated and announced in the open court,
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