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
Scope-Retrenchment-When the Court would order
reinstatement with full back wages-Workman in employment for
240 days during twelve months-If in "continuous ... invalid
and inoperative. The Labour Court, however, refused to order
their reinstatement with full back wages on the ground that
reinstatement would have the effect
Scope of-Pen-down strike-Legality_
If disentitles a dismissed employee to reinstatement-
Industrial Disputes ... what wages and allowances would the
807
employees be entitled to on reinstatement. The case of the
employees was that the Bank wanted to penalise
CITATION:
1959 AIR 1217 1960 SCR (1) 150
ACT:
Industrial Dispute-Reinstatement-Pending
adjudication--Illegal strike by workmen-Management
discharging workmen without Permission of Tribunal ... Reference, delayed and vague-Whether workmen entitled to
reinstatement on such reference.
HEADNOTE:
On March 23, 1948, while certain disputes were under
adjudication the workmen
Appeal No. 773 of 1998. On
12.4.1999 this Court directed stay of reinstatement of the respondent
therein with the direction that the Bank would comply ... dismissal was not justified,
may, while setting aside the same, direct reinstatement of the workman
on such terms and conditions, if any, as it thinks
order and Resolution Ext. 6 dated August 28, 1963, was in substance reinstatement of the respondent after revoking the order of suspension and that ... respondent was a permanent servant, this reinstatement would not alter the character of his status in service irrespective of the fact that the Resolution
that the termination was bad and the concerned
applicants were entitled for reinstatement. It is not in dispute
that the appellant-Corporation has reinstated ... submitted that when
the only direction given by the Labour Court was
reinstatement, there was no question of payment of any back
wages
under Section 17-B was not maintainable inasmuch as no award directing reinstatement of the workman was challenged by the management. It is submitted that ... only in case an award directing reinstatement of the workman is challenged by the management that the Court has the power to direct payment
granted special leave limited only to the question whether an order of reinstatement can be made on an application under Section 33A. Answering the question ... dispute it is open to the tribunal in proper cases to order reinstatement. Therefore, a complaint under S. 33A being in the nature
illegal and unjustified and that he is entitle to reinstatement with continuity of service with back wages.
2. Respondent No. 1 was a conductor with ... Court in support of the charges. Finding no reason as to why reinstatement should not be ordered the learned Judge as mentioned above dismissed
