Industrial Disputes Act, 1947, Section 2(oo) -- Termination - Re - instatement - Pensionary benefits - Counting of intervening period from date of termination to the date of reinstatement - Held that pensionary benefits cannot be refused to the Government servant only because he remained out of service because of termination from 6.11.1981 to 12.6.1996 when the termination..........
Service -- Reinstatement - Back wages - On reinstatement relief of back wages is not automatic even if termination is found to be illegal or in contravention of the prescribed procedure - Monetary compensation in lieu of reinstatement and back wages in case of such nature may be appropriate...........
Service -- Termination - Reinstatement - Back wages - Payment of full back wages upon an order of termination being declared illegal cannot be granted mechanically - It does not automatically follow that reinstatement must be accompanied by payment of full back wages even for the period when the workman remained out of service and contributed little or nothing to the..........
Civil Procedure Code, 1908, Section 9 -- Termination of service - Without conducting enquiry - It is violation of statutory Regulation as also the right of equality as contained in Article 14 of the Constitution of India - In such a situation, civil suit is maintainable for the purpose of declaration that the termination of service was illegal and the consequences flowing..........
Service -- There is distinction between an order of termination being wholly illegal and without jurisdiction and an order being harsh and disproportionate - Whereas reinstatement with back wages may be a logical corollary in the former case - In the latter case, labour Court may substitute one punishment for the other...........
Industrial Disputes Act, 1947, Section 2(oo) , 11A -- Compensation in lieu of reinstatement - Termination - Illegal strike - Participation by petitioner - workman - Services terminated along with others without holding any domestic inquiry or serving any notice - Absence of duty not proved as the application of the petitioner allowed by the Authority under the Payment of..........
Service -- Misconduct - Non joining at transferred place - Such an employee is liable for misconduct - Disciplinary proceedings should be initiated against him - He must be given opportunity of being heard - Termination of service of employee without enquiry held to be illegal...........
Service -- Back wages - Each case should be considered on its own merits - Once termination has been held to be illegal as the same was without enquiry so back wages could have been granted from the date of termination of service...........
Service -- Reinstatement - Back wages - Termination when held illegal order as to payment of back wages is not automatic but discretionary - Instead compensation can be awarded...........
Industrial Disputes Act, 1947, Section 2(oo) -- Termination - Back wages - Termination of the petitioner declared illegal on technical grounds - Rightly held not entitled to back wages by the Labour Court while ordering reinstatement with continuity of service...........
