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Mahesh Kumar Manikpuri vs Chairman, Bilaspur Raipur Kshetriya ... on 23 June, 2015 cites

Jagbir Singh vs Haryana Agricultural University on 10 July, 2014

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, 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.
Supreme Court - Daily Orders Cites 0 - Cited by 263 - Full Document

Sita Ram & Ors vs Moti Lal Nehru Farmers Training ... on 5 March, 2008

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, 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.
Supreme Court of India Cites 12 - Cited by 413 - S B Sinha - Full Document

Mahboob Deepak vs Nagar Panchayat Gajraula & Anr on 13 December, 2007

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, 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.
Supreme Court of India Cites 5 - Cited by 361 - S B Sinha - Full Document

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

34. The reasons for denying the relief of reinstatement in such cases are obvious. It is trite law that when the termination is found to be illegal because of non- payment of retrenchment compensation and notice pay as mandatorily required under Section 25-F of the Industrial Disputes Act, even after reinstatement, it is always open to the management to terminate the services of that employee by paying him the retrenchment compensation. Since such a workman was working on daily-wage basis and even after he is reinstated, he has no right to seek regularisation [see State of Karnataka v. Umadevi (3), (2006) 4 SCC 1. Thus when he cannot claim regularisation and he has no right to continue even as a daily-wage worker, no useful purpose is going to be served in reinstating such a workman and he can be given monetary compensation by the Court itself inasmuch as if he is terminated again after reinstatement, he would receive monetary compensation only in the form of retrenchment compensation and notice pay. In such a situation, giving the relief of reinstatement, that too after a long gap, would not serve any purpose.
Supreme Court of India Cites 46 - Cited by 4959 - P K Balasubramanyan - Full Document
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