Labour Court was correct in reaching the conclusion that
the termination was wrongful and illegal. Having reached this conclusion,
the Labour Court examined a large ... others, (2013) 10 SCC 324 [holding: "In cases of wrongful termination of
service, reinstatement with continuity of service and back wages is the
normal
acceptance. Once the relief of setting
aside or quashing the order of termination has been
granted, or a declaratory decree has been passed ... emoluments is co-terminus with the decree setting
aside the wrongful termination. Therefore no issue or bar
of limitation now raises any hurdle in this
down the proposition that in all cases of wrongful termination,
reinstatement must follow. This Court found in those cases that
judicial discretion exercised ... 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
Whether the termination of services of the workman is liable to be set-
aside being wrong, illegal, null and void etc. and the workman ... contesting the claim for relief of reinstatement and back wages for wrongful
termination.
The Court a quo has returned the finding that the petitioner
claim, clarifying that back wages are typically granted
in cases where termination follows a departmental inquiry, and the dismissal
is subsequently set aside ... automatic right to reinstatement with full
benefits, unless a wrongful termination pursuant to a departmental
proceeding is also established. The operative part of the said
beyond the pale of controversy that where the Court decides
the termination of an employee unlawful, it is empowered to hold that ... culled out from the
aforementioned judgments are:
i) In cases of wrongful termination of service, reinstatement with
continuity of service and back wages
were not made before terminating the
services of the workman. Hence, the termination is illegal in the eyes of
law and in terms ... reinstatement to the workman or awarding her compensation
for his wrongful termination would be justified?
21. The principles have been laid down by a Full
Page 11 of 15
"38.1. In cases of wrongful termination of service, reinstatement
with continuity of service and back wages is the normal rule ... from the above decisions, it is clear that in case of wrongful
termination of service, reinstatement with continuity of service and back-
wages
culled out from the
aforementioned judgments are:
38.1. In cases of wrongful termination of service,
reinstatement with continuity of service and back wages ... courts must always keep in
view that in the cases of wrongful/illegal termination of
service, the wrongdoer is the employer and the sufferer
date of
termination. The said argument merits consideration. The termination of service
in question is dated 10.11.1981 whereas the earlier termination order was passed ... accuracy and
integrity of this document
i) In cases of wrongful termination of service, reinstatement
with continuity of service and back wages is the normal
