culled out from the
aforementioned judgments are:
i) In cases of wrongful termination of service, reinstatement
with continuity of service and back wages ... culled out from the
aforementioned judgments are:
i) In cases of wrongful termination of service, reinstatement
with continuity of service and back wages
deployed as
well as damages on account of breach of contract/illegal termination of
conditions by the respondent. Thus, the award rendered by learned Tribunal ... against the petitioner.
11. It is submitted that the learned Tribunal has wrongly placed reliance
upon Clause 17.10 of GCC to reject the Claim
petition.
20. It is submitted that the petitioner has wrongly stated that it has
fulfilled its obligations as per the Collaboration Agreement. It is further ... remedy of the appellants
would be to seek compensation for wrongful
termination but not a claim for specific
performance of the agreements and for that
driving, the
petitioner Department wrongfully incriminated him in the alleged
offence. Therefore, the impugned award rightly set asides the wrongful
termination of the respondent workman ... abide by the principles of natural justice
therefore, leading to wrongful termination of the respondent without
providing him the opportunity to cross examine the witnesses
Deepali Gundu Surwase v. Kranti Junior
Adhyapak Mahavidyalaya2 , in cases of wrongful termination of services,
reinstatement with continuity of services and full back wages ... reinstatement cannot be applied
automatically or mechanically to all cases of wrongful termination,
thereby, granting the relief of compensation in lieu of reinstatement.
63. Observing
employee is placed in the same financial
position as if the wrongful termination had not occurred. This principle is
fundamental in maintaining the integrity ... loss of
wages suffered as a result of the wrongful termination. The principle also
underscores the importance of timely and fair resolution of legal disputes
22nd January, 1998 as he was wrongfully terminated without issuance of a
notice of termination as mandated under Section 25F of the Industrial
Disputes ... Reinstatement is an act which aims to rectify an act of wrongful
termination by restoring an employee to their previous position on the
same terms
which, the respondent initiated an industrial dispute
against her alleged wrongful termination, and sought reinstatement along
with consequential benefits. She further claimed that ... allegations of abandoning the services. She also contended that her
termination was wrongful and that the same violated various provisions
of the Industrial Disputes
provides for sole liability on the petitioner entity
in case of wrongful termination.
12. It is also submitted that the respondent workmen were supplied ... taken the statements of the workers and the
petitioner while holding the termination illegal.
34. In the said paragraphs of the impugned award
22nd January, 1998 as he was wrongfully terminated without issuance of a
notice of termination as mandated under Section 25F of the Industrial
Disputes ... Reinstatement is an act which aims to rectify an act of wrongful
termination by restoring an employee to their previous position on the
same terms
