reinstatement in
cases of wrongful dismissal has been held to be not
without exception. Insofar as wrongful termination of
dailyrated workers is concerned, this ... Court on wrong assumption that the initial employment
of the employee was illegal. As noted above, with
regard to the wrongful termination of a daily
reinstatement in
cases of wrongful dismissal has been held to be not
without exception. Insofar as wrongful termination of
dailyrated workers is concerned, this ... Court on wrong assumption that the initial employment
of the employee was illegal. As noted above, with
regard to the wrongful termination of a daily
culled
out from the aforementioned judgments
are :
38.1 In cases of wrongful termination of
service, reinstatement with continuity of
service and back wages ... must always be kept in
view that in the cases of wrongful / illegal
termination of service, the wrongdoer is
the employer and sufferer
could, therefore, have
filed a civil suit for a declaration that the
termination of their service was contrary to law on the
ground that ... however, they would have got a declaration and
possibly damages for wrongful termination of service
but the civil court could not have ordered
reinstatement
Apex Court has observed that:
"38.1 In cases of wrongful termination of service,
reinstatement with continuity of service and back wages
is the normal ... must always be kept in view that in the cases of
wrongful / illegal termination of service, the
wrongdoer is the employer and sufferer
does not make the demand
and/or raise the issue alleging wrongful termination
immediately thereafter or within reasonable time
and raises the same after considerable ... workman had not accepted the termination but was
agitating the same; albeit in a wrong forum.
42.6 In contrast, in those cases where there
Court has observed, inter alia,
that:-
"38.1 In cases of wrongful termination of service,
reinstatement with continuity of service and back wages ... must always be kept in view that in the cases of wrongful /
illegal termination of service, the wrongdoer is the
employer and sufferer
Court has observed, inter alia,
that:-
"38.1 In cases of wrongful termination of service,
reinstatement with continuity of service and back wages ... must always be kept in view that in the cases of wrongful /
illegal termination of service, the wrongdoer is the
employer and sufferer
culled out
from the aforementioned judgments are :
38.1 In cases of wrongful termination of
service, reinstatement with continuity of
service and back wages ... must
always be kept in view that in the cases of
wrongful / illegal termination of service, the
wrongdoer is the employer and sufferer
approached the Assistant
Labour Commissioner, Bhavnagar raising a
grievance of the wrongful termination without
following any procedure under the Industrial
Dispute
