Sports Authority Of India Neta Ji Subash The National Institute Of Sports Patiala Th Its v. Balwinder Kumar And ORS



 

  

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0 A25F. Conditions precedent to retrenchment of workmen.- No workman employed in any industry who has been in continuous service for not less than one year under an employer shall be retrenched by that employer until-- (a) the workman has been given one month' s notice in writing indicating the reasons for retrenchment and the period of notice has expired, or the workman has been paid in lieu of such notice, wages for the period of the notice:

(b)the workman has been paid, at the time of retrenchment, compensation which shall be equivalent to fifteen days' average pay for every completed year of continuous service] or any part thereof in excess of six months; and

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(c) notice in the prescribed manner is served on the appropriate Government [or such authority as may be specified by the appropriate Government by notification in the Official Gazette]." &

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Municipal Council, Dina Nagar, Tehsil & District Gurdaspur vs. Presiding Officer, Labour Court, Gurdaspur and another 2014 (4) SCT 514, the reinstatement of the workman is equitable and justified to mitigate the effect of wrongful termination. The Full Bench of this Court in the aforesaid judgment was dealing with the question "Whether a workman is liable to be reinstated even if he had been appointed by public bodies against public post not in accordance with the relevant statutory rule?", laid down various principles which are reproduced as under:- "Thus the following principles are laid down:- (i) Keeping in view the recognised power of the Industrial Tribunal to direct reinstatement on account of the violation of Section 25-F of the Act the same cannot be denied solely on the ground that appointments were made by public



bodies against public posts and were not in accordance with the relevant statutory recruitment rules.

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(vi) The discretion of the Industrial Adjudicator has thus have to be respected and the said Adjudicator has to keep in mind the principles laid down by the Apex Court, as noticed above."

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