When Termination Is Found To Be Illegal, Reinstatement With Full Back Wages Shall Not Be Awarded Mechanically: Delhi High Court Reiterates
7 months, 2 weeks ago

When Termination Is Found To Be Illegal, Reinstatement With Full Back Wages Shall Not Be Awarded Mechanically: Delhi High Court Reiterates

Live Law  

A single bench of the Delhi High Court comprising of Justice Chandra Dhari Singh while deciding a Writ Petition in the case of AIIMS vs Ashok Kumar has held that when the termination is found to be illegal, grant of reinstatement with full back wages has to be provided as per the facts and circumstances of each case and shall not be awarded mechanically. Findings of the Court The court observed that the Labour Court in its award had noted that the services of the Workman were terminated based on the charges of theft levied against him. The Supreme Court had further observed that where termination of a daily-wage worker is found illegal, reinstatement with back wages is not given automatically but the workman must be granted lumpsum monetary compensation. The court thus observed that compensation is the justified remedy for the Workman whose services were terminated prematurely on account of being falsely implicated in a case for theft.

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History of this topic

Employer's Assessment Of Employee's Worth Is Final, Suitability Of An Individual For A Particular Post Cannot Be Scrutinized By Courts: J&K HC
1 week, 2 days ago

Employer's Assessment Of Employee's Worth Is Final, Suitability Of An Individual For A Particular Post Cannot Be Scrutinized By Courts: J&K HC

Live Law  

Emphasising that the assessment of an employee's worth and suitability must be left to the employer's bona fide decision the Jammu and Kashmir and Ladakh High Court has observed that the suitability of an individual for a particular post and administrative exigencies cannot be scrutinized by courts. courts cannot interfere with the orders of transfer and substitute their own decision …

Arbitral Award Without Rationale For Damages Is Ex Facie Contrary To Settled Law, Can Be Set Aside: Delhi High Court
1 month, 1 week ago

Arbitral Award Without Rationale For Damages Is Ex Facie Contrary To Settled Law, Can Be Set Aside: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Sachin Datta has observed that any award of damages, on the touch stone of Section 73 of the Indian Contract Act, must be predicated on actual loss suffered. Observations: The court held that the impugned award did not warrant interference under section 34 of the Arbitration Act being predicated on a plausible interpretation …

Labour Court Awards Compensation Instead of Reinstatement for Casual Laborer
1 month, 3 weeks ago

Labour Court Awards Compensation Instead of Reinstatement for Casual Laborer

Live Law  

The Bombay High Court upheld the Labour Court's decision to award monetary compensation instead of reinstatement to a casual laborer whose services were terminated without following due process. The court emphasized that while termination without following Section 25F of the Industrial Disputes Act, 1947 is illegal, reinstatement is not an automatic remedy, especially when the employee has found similar employment …

Reinstated civil judge entitled to full salary, rules SC
3 months ago

Reinstated civil judge entitled to full salary, rules SC

New Indian Express  

NEW DELHI: The Supreme Court has directed for payment of full salary to a civil judge removed for allegedly having an illicit relationship with a woman judicial officer. A bench of Justices Vikram Nath and Prasanna Bhalachandra Varale said on Wednesday that when judgment of the Punjab and Haryana High Court dismissing the writ petition challenging the termination has been …

No financial settlement in sexual abuse cases: Delhi High Court
5 months, 3 weeks ago

No financial settlement in sexual abuse cases: Delhi High Court

New Indian Express  

NEW DELHI: In a significant stance against the commercialisation of justice, the Delhi High Court has declared that cases involving allegations of sexual violence cannot be terminated through financial settlements. This observation came as the High Court declined to quash an FIR registered under Section 376 of the Indian Penal Code. Justice Swarna Kanta Sharma, while deliberating on the case, …

Transfer Of Workman From Original Place To New Place, Without Valid Reasons Is Unfair: Punjab & Haryana High Court
7 months ago

Transfer Of Workman From Original Place To New Place, Without Valid Reasons Is Unfair: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court bench of Justice Sanjay Vashisth held that in the absence of any material in the shape of the affidavit, showing the need for the transfer of the workman from the original place to a new place, it cannot be termed that the decision taken by the Management is fair one and beyond any doubt. …

Once Termination Of Workman Is Declared Illegal, Remedy Is Limited To Either Reinstatement Or Lumpsum Compensation: Gujarat High Court
7 months, 2 weeks ago

Once Termination Of Workman Is Declared Illegal, Remedy Is Limited To Either Reinstatement Or Lumpsum Compensation: Gujarat High Court

Live Law  

The Gujarat High Court division bench of Justice Biren Vaishnav and Justice Pranav Trivedi held that once the termination of a Workman is declared illegal, the remedy is limited to either reinstatement or a lumpsum compensation. Considering the impracticality of reinstatement due to passing of substantial time after termination and the Workman's proximity to retirement age, the High Court held …

Reinstatement With Back Wages Is Not Automatic Even In Cases Of Illegal Termination, Courts Might Provide Lumpsum Compensation: Gujarat High Court
7 months, 3 weeks ago

Reinstatement With Back Wages Is Not Automatic Even In Cases Of Illegal Termination, Courts Might Provide Lumpsum Compensation: Gujarat High Court

Live Law  

The Gujarat High Court division bench of Justice Biren Vaishnav and Justice Pranav Trivedi held that reinstatement with back wages isn't automatic for illegally terminated workers. The Municipality initially filed a Special Civil Application contesting the judgment and award issued by the Labor Court, which led to an order by the Single Judge of the Gujarat High Court modifying the …

Appeal Under Section 30 Of Employees Compensation Act Must Involve Substantial Question Of Law: Delhi High Court
7 months, 3 weeks ago

Appeal Under Section 30 Of Employees Compensation Act Must Involve Substantial Question Of Law: Delhi High Court

Live Law  

The Delhi High Court single bench of Justice Dharmesh Sharma held that Section 30 of the Employees Compensation Act, 1923, which provides for appeals against orders of compensation and other related matters, can only be exercised when the appeal involves a substantial question of law. Feeling aggrieved, the Management approached the Delhi High Court and filed an appeal under Section …

Onus To Establish Employee-Employer Relationship Rests On the Claimant: Delhi High Court
8 months, 3 weeks ago

Onus To Establish Employee-Employer Relationship Rests On the Claimant: Delhi High Court

Live Law  

A single-judge bench of the Delhi High Court comprising of Justice Chandra Dhari Singh while deciding a writ petition in the case of Sunil Kumar & Ors. The Regional Labour Commissioner ordered the Respondent to take the Petitioner back in service however, due to non-payment of the earnest wages for the period of June 2011 to September 2011, the Petitioner …

Murder Of Employee Doesn't Disentitle Legal Heirs From Claiming Compensation Under Employees’ Compensation Act: Delhi High Court
1 year, 1 month ago

Murder Of Employee Doesn't Disentitle Legal Heirs From Claiming Compensation Under Employees’ Compensation Act: Delhi High Court

Live Law  

In an appeal filed under Section 30 of the Employees’ Compensation Act, the Delhi High Court has reiterated that the fact of an employee being murdered during the course of employment does not disentitle his legal heirs from seeking compensation under the Act. Vs. Munesh Devi.” The appeal was filed by the claimants, challenging Labor Commissioner’s order, whereby the claim …

Bombay High Court Imposes 25K Cost On Kolhapur Municipal Corporation For Making 73 Yrs Old Retired Nurse Litigate For 15 Years For Pension
1 year, 3 months ago

Bombay High Court Imposes 25K Cost On Kolhapur Municipal Corporation For Making 73 Yrs Old Retired Nurse Litigate For 15 Years For Pension

Live Law  

The Bombay High Court recently imposed cost of Rs. Justice Sandeep V Marne dismissed a writ petition filed by the Commissioner of Kolhapur Municipal Corporation challenging Industrial Court’s order to deposit the pension amount due to Shashikala Vijay Bhore, a staff nurse who retired in 2008. In January 2022, the Industrial Court partly allowed her complaint directing the Municipal Corporation …

To Claim Backwages, Initial Burden Is On Employee To Establish That He Was Not Gainfully Employed During Period Of Dismissal : Supreme Court
1 year, 5 months ago

To Claim Backwages, Initial Burden Is On Employee To Establish That He Was Not Gainfully Employed During Period Of Dismissal : Supreme Court

Live Law  

The Supreme Court on Wednesday ordered the Delhi Transport Corporation to pay Rs. 3 lakhs in lieu of back wages to a conductor who was terminated from service and later on reinstated by the order of the Labour Court on the ground that the appellant discharged the burden by establishing that he was unemployed for thirteen months after termination. However, …

Employee Can't Challenge Departmental Enquiry Findings 'On Grounds Of Adequacy Or Reliability' Under Article 226: Delhi High Court
1 year, 11 months ago

Employee Can't Challenge Departmental Enquiry Findings 'On Grounds Of Adequacy Or Reliability' Under Article 226: Delhi High Court

Live Law  

The Delhi High Court has said that findings of departmental authorities in disciplinary proceedings cannot be challenged by the employee under Article 226 of the Constitution of India, on the grounds of adequacy or reliability. The court was dealing with a writ petition filed by a bank employee, who was dismissed from service in 1995 for misconduct and fraud after …

Criminal Proceedings Cannot Be Initiated For Recovery Of Amount Due Under The Arbitration Award: Calcutta High Court
2 years ago

Criminal Proceedings Cannot Be Initiated For Recovery Of Amount Due Under The Arbitration Award: Calcutta High Court

Live Law  

The Calcutta High Court has held that criminal proceedings cannot be initiated for recovery of amount due under an arbitration award. The bench of Justice Tirthankar Ghosh held that a party aggrieved by non-payment of amount due under a post award settlement agreement should not resort to filing a criminal case by giving a civil dispute criminal colour as the …

Industrial Disputes Act | Violation Of Retrenchment Procedure U/S 25F & 25G Warrants Reinstatement, Not Mere Compensation: Gujarat HC
2 years, 4 months ago

Industrial Disputes Act | Violation Of Retrenchment Procedure U/S 25F & 25G Warrants Reinstatement, Not Mere Compensation: Gujarat HC

Live Law  

The Gujarat High Court has reiterated that once a Labour Court comes to the conclusion that Sections 25F, G and H of the Industrial Disputes Act have been violated, reinstatement of workman ought to follow. The Bench comprising Justice Biren Vaishnav was hearing several petitions challenging the Labour Court's order wherein compensation of Rs. Reference was made to Gauri Shanker …

S.33C Industrial Disputes Act Is For Execution Of Award, Labour Court Can't Enter Adjudicatory Process To Decide Disputed Facts: Gujarat High Court
2 years, 6 months ago

S.33C Industrial Disputes Act Is For Execution Of Award, Labour Court Can't Enter Adjudicatory Process To Decide Disputed Facts: Gujarat High Court

Live Law  

The Gujarat High Court has made it clear that Section 33C of the Industrial Disputes Act, 1947, is for the purpose of execution of the award or dealing with the pre-existing right or benefit arising out of the settlement of a workman against his employer. The same does not make way for a Labour Court to enter into an adjudicatory …

Delhi HC asks AIIMS to pay over ₹50 lakh to illegally terminated employee
3 years, 2 months ago

Delhi HC asks AIIMS to pay over ₹50 lakh to illegally terminated employee

The Hindu  

The Delhi High Court has directed the All India Institute of Medical Sciences to pay over ₹50 lakh to a former employee, who was illegally terminated from service, noting that the man has been running from pillar to post for the last several years. The labour court's order was challenged before various forums and finally the Special Leave Petition filed …

Woman's Claim Under Victim Compensation Scheme Rejected As She Was Not Contactable: Delhi HC Directs DLSA To Reconsider Decision By Taking Holistic View
3 years, 4 months ago

Woman's Claim Under Victim Compensation Scheme Rejected As She Was Not Contactable: Delhi HC Directs DLSA To Reconsider Decision By Taking Holistic View

Live Law  

The Delhi High Court has directed the Delhi Legal Services Authority to reconsider a woman's application for interim compensation under the victim compensation scheme, which was earlier rejected for the reason that she was neither contactable nor any documents were given by her to support her claim. Justice Rekha Palli asked the DLSA to take a holistic view of the …

"No Valid Ground For Not Complying To Court's Order": Delhi High Court Directs NDMC To Pay Wages To Workmen Within 4 Weeks
3 years, 6 months ago

"No Valid Ground For Not Complying To Court's Order": Delhi High Court Directs NDMC To Pay Wages To Workmen Within 4 Weeks

Live Law  

The Delhi High Court on Monday directed the North Delhi Municipal Corporation to provide monthly wages to the workmen in compliance of its earlier order dated 29 January this year.A single judge bench comprising of Justice Pratibha Singh observed thus:"This Court is of the opinion that there is no valid ground for the Petitioner for not complying with the order …

"System Can't Turn The Clock Back Nor 'Undo' Offence": Delhi HC Awards ₹6 Lakh Interim Compensation To Minor Sexual Assault Victim
3 years, 7 months ago

"System Can't Turn The Clock Back Nor 'Undo' Offence": Delhi HC Awards ₹6 Lakh Interim Compensation To Minor Sexual Assault Victim

Live Law  

In a significant observation, the Delhi High Court on Thursday, while awarding ₹6 lakh as interim compensation to a minor victim of sexual assault, remarked, "Since the system cannot turn the clock back nor 'undo' the offence, there is little else the court can do other than prosecute the offender and provide to the victim whatever psychological security and sense …

Labour Law Case Summary- Half Yearly Update Part-1
4 years ago

Labour Law Case Summary- Half Yearly Update Part-1

Live Law  

This compilation is the first part of the two-part series through which we seek to provide a brief overview of the recent judicial decisions on labour laws rendered in the period, April, 2020 to September, 2020, by the Supreme Court and various High Courts of India For the purposes of the instant part, we shall be covering judicial decisions rendered …

Delhi HC Directs Delhi Govt To Expeditiously Process Application Seeking Compensation For Injury Sustained During Delhi Riots [Read Order]
4 years, 5 months ago

Delhi HC Directs Delhi Govt To Expeditiously Process Application Seeking Compensation For Injury Sustained During Delhi Riots [Read Order]

Live Law  

Delhi High Court has directed the Delhi Government to expeditiously process an application moved for seeking compensation for sustaining serious injury during the Delhi riots. The court perused the Delhi Government's Assistance Scheme for riot victims which shows that for riots victims having serious injury, the compensation awarded is Rs.2 lakhs, with an immediate relief of Rs.25,000/- to be released …

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