with connected-J.doc
judgment authoritatively clarifies that in cases of wrongful
termination, reinstatement with continuity of service and full back
wages is the normal ... also cautioned that denial of full
back wages in cases of wrongful termination effectively grants a
premium to the employer's unlawful action, because
with connected-J.doc
judgment authoritatively clarifies that in cases of wrongful
termination, reinstatement with continuity of service and full back
wages is the normal ... also cautioned that denial of full
back wages in cases of wrongful termination effectively grants a
premium to the employer's unlawful action, because
wherein it has been held that in
cases of wrongful termination, reinstatement with continuity of
service is the normal rule. It was further submitted that ... seen. The petitioner had
worked for around three years before termination. After
termination, litigation continued for very long period. By the time
the Industrial Court
termination is found to be illegal,
reinstatement with continuity ordinarily carries with it the
entitlement to full back wages, since the employer, by wrongful ... service and back wages constitutes the normal rule in
cases of wrongful termination. However, the adjudicating authority
retains discretion to mould the relief having regard
with continuity of service and full back wages from
the date of termination till actual payment. The company was
directed to comply with the order ... granted.
24. Reinstatement is normally the primary relief in cases of
wrongful termination. However reinstatement presupposes the
existence of a running establishment and a living
directing reinstatement, it awarded damages
quantified at Rs. 11 lakhs for wrongful termination. Thus, while
the dispute was rejected at the first stage, the Appellate
emerging from the pleadings, does not
indicate any formal order of termination issued by the employer.
On the contrary, the petitioner's version suggests ... aspect of delay also assumes importance. The first
complaint alleging wrongful termination came to be filed only in
the year 2014, almost seventeen years after
year 2014. It is further his case that such termination
was wrongful and effected in a manner preventing him from
entering the factory premises ... proceedings before the Labour Court, while disputing the
allegation of illegal termination, the respondent relied upon a
letter dated 1 November 2015 purportedly addressed
Industrial
Disputes Act had been made prior to termination. He contended
that the Labour Court wrongly cast the burden upon the petitioner
to establish alleged ... such
plea was raised termination order, enquiry into that issue became
unavoidable. The Labour Court may be right or wrong in degree of
appreciation
Industrial
Disputes Act had been made prior to termination. He contended
that the Labour Court wrongly cast the burden upon the petitioner
to establish alleged ... such
plea was raised termination order, enquiry into that issue became
unavoidable. The Labour Court may be right or wrong in degree of
appreciation
