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1 - 7 of 7 (2.81 seconds)Section 2 in The Industrial Disputes Act, 1947 [Entire Act]
Section 25F in The Industrial Disputes Act, 1947 [Entire Act]
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.
Section 25 in The Industrial Disputes Act, 1947 [Entire Act]
The Industrial Disputes (Amendment) Act, 1996
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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