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Judgment
5 paragraphs · 237 wordsLeave granted.
The Labour Court by order/award dated 1st September, 2012 gave relief of reinstatement without back wages to the appellant � workman. The High Court modified the relief granted by awarding compensation of Rs.2 lakh.
The termination of the appellant � workman made in the year 1997 was in violation of Section 25F of the Industrial Disputes Act, 1947.
It is trite law that for termination in breach of Section 25F of the Industrial Disputes Act, 1947 reinstatement need not necessary follow and compensation may be an appropriate measure of relief. It is on the aforesaid basis that the High Court had modified the order of the Labour Court. However, in the present case, it appears that the Management had implemented the order of the Labour Court way back in the year 2012 and the appellant � workman has been in employment since then.
In the light of the aforesaid facts, we are of the view that the appellant workman, having been reinstated ought not to be disturbed at this stage. Accordingly, we allow the present appeal; set aside the order of the High Court and restore the order/award of the Labour Court in the above terms. We make it clear that we have passed the above order in the peculiar facts of the case, namely, that the appellant � workman has been reinstated and is continuing in service since 2012.