award, set aside the order of discharge or dismissal and direct reinstatement of the workman on such terms and conditions, if any, as it thinks
case, a Labour Court, Tribunal or National Tribunal by its award directs reinstatement of any workman and the employer prefers any proceedings against such award
with full back wages from the date of termination till date
of reinstatement.
4) The Respondent Nos.1 to 3 are hereby directed to deposit ... appellant from the date of
her termination till the date of her reinstatement in the service,
within 45 days in this Tribunal from the date
Workelrs
retrellcled on grounds of losses.-rrihullal found
retreluchllent unjustified-ordere reinstatement with back
wages Speeial leave refused regalding reinstatement-Employer
if could reopen ... reasons stated by the employer. The
Labour Court ordered reinstatement of the retrenched workmen
with full back wages.
In the Special leave petition the employer
High Court of Gujarat reversed the award and substantially
directed reinstatement. Hence the appeals both by the
Management and the workmen.
Dismissing the appeals ... Management warranted
while the High Court reversed the Award and substantially
directed reinstatement.
The Judge Perspective
A few fundamental issues, factual and legal, on which
Respondent
may not be entitled to an order of reinstatement with full back wages but
having regard to the fact that his services were wrongly ... this court merely held that the relief of
reinstatement with continuity of service can be granted where termination of
service is found to be invalid
award, set aside
the order of discharge or dismissal and direct reinstatement
of the workmen or reduce punishment etc. The proviso to the
section laid ... Tribunal has now under s. 11A no alternative
but to order reinstatement could not be accepted. Moreover
the Industrial Disputes Act cannot be differently applied
Reference No.43 of 1996 and
directed that in lieu of reinstatement with 50% back wages, the appellant
herein shall be paid ... parties and evidence produced by them and passed award
dated 15.12.1999 for reinstatement of the appellant with 50% back wages.
The Labour Court held that
seeking
corrections of the award, stating that the workman was entitled to
reinstatement with continuity of service and full back-wages from 6.4.1977.
The appellant ... period
under unemployment i.e. 6.4.77 to the date of reinstatement in which the
amount which was paid to the workman as interim relief
Industrial Disputes Act,
1947 (for short, `the Act, 1947'). He claimed reinstatement with
continuity of service and full back wages.
3. The Presiding Officer ... award dated September 16, 2005
declared that the appellant was entitled to reinstatement with
continuity of service and full back wages from the date