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1 - 10 of 10 (0.25 seconds)Section 17B in The Industrial Disputes Act, 1947 [Entire Act]
The Industrial Disputes Act, 1947
Jagbir Singh vs Haryana Agricultural University on 10 July, 2014
Lalit Kumar Verma (2007) 1 SCC 575, M.P. Admn. v. Tribhuban (2007) 9 SCC
748, Sita Ram v. Moti Lal Nehru Farmers Training Institute (2008) 5 SCC 75,
Jaipur Development Authority v. Ramsahai (2006) 11 SCC 684, GDA v. Ashok
Kumar (2008) 4 SCC 261 and Mahboob Deepak v. Nagar Panchayat, Gajraula
(2008) 1 SCC 575 and stated as follows: (Jagbir Singh case (2009) 15 SCC
327, SCC pp. 330 & 335, paras 7 & 14)
“7. It is true that the earlier view of this Court articulated in many
decisions 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.
Sita Ram & Ors vs Moti Lal Nehru Farmers Training ... on 5 March, 2008
Lalit Kumar Verma (2007) 1 SCC 575, M.P. Admn. v. Tribhuban (2007) 9 SCC
748, Sita Ram v. Moti Lal Nehru Farmers Training Institute (2008) 5 SCC 75,
Jaipur Development Authority v. Ramsahai (2006) 11 SCC 684, GDA v. Ashok
Kumar (2008) 4 SCC 261 and Mahboob Deepak v. Nagar Panchayat, Gajraula
(2008) 1 SCC 575 and stated as follows: (Jagbir Singh case (2009) 15 SCC
327, SCC pp. 330 & 335, paras 7 & 14)
“7. It is true that the earlier view of this Court articulated in many
decisions 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.
Mahboob Deepak vs Nagar Panchayat Gajraula & Anr on 13 December, 2007
Lalit Kumar Verma (2007) 1 SCC 575, M.P. Admn. v. Tribhuban (2007) 9 SCC
748, Sita Ram v. Moti Lal Nehru Farmers Training Institute (2008) 5 SCC 75,
Jaipur Development Authority v. Ramsahai (2006) 11 SCC 684, GDA v. Ashok
Kumar (2008) 4 SCC 261 and Mahboob Deepak v. Nagar Panchayat, Gajraula
(2008) 1 SCC 575 and stated as follows: (Jagbir Singh case (2009) 15 SCC
327, SCC pp. 330 & 335, paras 7 & 14)
“7. It is true that the earlier view of this Court articulated in many
decisions 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.
Secretary, State Of Karnataka And ... vs Umadevi And Others on 10 April, 2006
4. Learned counsel for the appellants contended that merely
because a casual wage worker or a temporary employee worked continuously
for more than 240 days in a year, he would not be entitled to be absorbed
in regular service or made permanent on the strength of such continuance,
if the original appointment was made without following the due process of
selection as envisaged by the rules. It was submitted the respondents were
not engaged as against any sanctioned post and the impugned judgment of the
High Court directing regularisation is violative of the principles laid
down by this Court in Secretary, State of Karnataka and Others vs. Umadevi
(3) and Others, (2006) 4 SCC 1.
Uttar Pradesh State Universities Act, 1973
Satya Prakash & Ors vs State Of Bihar & Ors on 16 March, 2010
In view of the law laid down by this
Court, the directions sought for by the appellants cannot be granted.”
(Underlining added)
Incharge Officer And Anr vs Shankar Shetty on 31 August, 2010
In considering the violation of Section 25F of the Industrial
Disputes Act, 1947 in Incharge Officer & Anr. vs. Shankar Shetty (2010) 9
SCC 126 and after referring to the various decisions, this Court held that
the relief by way of back wages is not automatic and compensation instead
of reinstatement has been held to meet the ends of justice and it reads as
under:-
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