cause of action in the suit was an alleged
wrongful termination from service on 01.04.2001. The suit was filed for
a declaration that the order ... application for amendment was filed including the prayer for
damages for wrongful termination. The Court below dismissed it finding
that the amendment sought
alive, he would
have attained the age of superannuation. For the wrongful
termination that is effected, the appropriate remedy would be that he
should have ... paid to the legal representatives as the
financial compensation for the wrongful termination. All the
monetary benefits accruing subsequent to the death or
superannuation whichever
workman shall be paid for the wrongful termination a
compensation of Rs.35,000/-, which amount shall be paid within a period
of eight weeks
benefits for which he was otherwise entitled to. It will be wrong to
assume that a gainful employment would include even an effort to
secure ... premium to an employer who was found guilty of wrongful termination.
The best that could be done was only to make a balance between
contractors, the workmen were entitled to contend that
they had been wrongfully terminated by the contractors, applying the
principle so held in M/s Likmat Newspapers ... Shankarprasad 1999 LIC 2826. The workmen's complaint of
wrongful termination of service will however survive only against the
contractors who were respondent
matter relating to
adjudication of industrial dispute that arises by wrongful termination
by the management.
11. The decision of the Labour Court setting aside ... betrays
acute injustice to the workman. If the order of termination was
patently wrong, brought about the instances of the resolution of the
society
once the Arbitrator
found the termination to be null and void, it should have presumed that
the order of termination was not in existence ... Agency case referred to above. An agent who
complains of wrongful termination of a contract cannot seek for specific
enforcement even if it is wrongful
consequence of such notification. The
basis of the order of termination was clearly wrong. The
appointment could not be stated to be without power ... from service. At best, it could have been
only considered as wrongful termination which could be
compensated monetarily. I do not see that the appointment
appointing
even juniors to the workman, who was complaining of wrongful termination.
In the first place, I have not the evidence that they were juniors
employment of persons. Here is a case
where from the date of termination till date more than two decades have
passed, no useful purpose would ... expectation that the workman could have had by virtue of the
wrongful termination, I assess the compensation to be a lakh of rupees,
which shall
