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1 - 10 of 49 (0.33 seconds)Section 25 in The Industrial Disputes Act, 1947 [Entire Act]
Article 14 in Constitution of India [Constitution]
The Industrial Disputes Act, 1947
Article 16 in Constitution of India [Constitution]
Secretary, State Of Karnataka And ... vs Umadevi And Others on 10 April, 2006
Such a scheme has been held to be
unconstitutional by this Court in A.Umarani v.
Registrar, Coop. Societies and Secy., State of
Karnataka v. Umadevi.
Harjinder Singh vs Punjab State Warehousing Corp on 5 January, 2010
Reliance has been placed
in the case of Syed Yakoob v. K.S. Radhakrishan, (1964) AIR
SC 477M which has been elaborately considered by this Court
in the case of Harjinder Singh v. Punjab State Warehousing
Corporation, 2010 I CLR 884 SC, the relevant para of which
reads thus:
Jagbir Singh vs Haryana State Agr.Marketing Board & Anr on 14 July, 2009
Moti Lal Nehru Farmers Training Institute, Jaipur
Development Authority v. Ramsahai, GDA v.
Ashok Kumar and Mahboob Deepak v. Nagar
Panchyat, Gajraula and stated as follows: (Jagbir
Singh case, SCC pp.330 & 335 paras 7 & 14)
"It is true that the earlier view of this Court
articulated in many decision reflected the legal
position that if the termination of an employee
was found to be illegal, the relief of reinstatement
with full back wages would ordinarily follow.
However, in recent past, there has been a shift in
the legal position and in a long line of cases, this
Court has consistently taken the view that relief
by way of reinstatement with back wages is not
automatic and may be wholly inappropriate in a
given fact situation even though the termination
of an employee is in contravention of the
prescribed procedure. Compensation instead of
reinstatement has been held to meet the ends of
justice.